Sci-tech

Apple seeks $1.5 billion from Samsung in lawsuit

Apple seeks $1.5 billion from Samsung in lawsuit”

Samsung's pre-iPhone devices had keypads and smaller screens, while later models are screen-focused with app icons and no keypad. Whereas Samsung is fighting that it should give a lesser value for a portion of the iPhone's value.

"Lawsuits can take a long time", Lee told jurors Tuesday. "Samsung recognized they had a crisis of design and in 4 months- 4 months-came up with the infringing phones".

Apple first sued Samsung over patent infringement back in 2011.

After a round of appeals, Koh lopped $405 million off the jury's original damages award, ordering Samsung to pay up to the tune of $548 million.

Samsung attorney John Quinn held up components to the jury, emphasizing that each was its own article of manufacture and that there are "hundreds of articles of manufacture inside a phone".

The conundrum for jurors: Are damages based on "the whole phone, kit and caboodle, or just the shell of the phone - into which Samsung put a bunch of stuff that's unrelated to the patent?"

The fourth episode of this case revolves around clarifying the definition of 'article of manufacture', that is whether the contents of the patents apply to the whole phone.

It argued that consumers had not bought the phones for their aesthetics alone, but also their functionality. Instead, the fight is about what damages Apple can extract from sales of an array of the Galaxy maker's devices that haven't been available in stores for years.

A jury agreed in 2012 that Apple should be awarded $1.05 billion, but that figure was whittled down in subsequent retrials. The design patents cover a black rectangular front face with rounded corners and a graphical user interface featuring a grid of 16 colorful icons.

The case revolves around what consists of an "article of manufacture".

In December 2016, eight Supreme Court judges favored its contention and decided that it wasn't right that lower courts ought to dependably consider the "significant article of make" in such cases to be the finished result sold to customers. The glass is easily separated from the phone and doesn't cost much, Samsung has argued. Koh has forbidden that argument on the ground that Samsung didn't raise it in the previous trial or on appeal.

The latest trial is expected to last about five days, with the jury to be selected today.

The eventual design embodied what Apple wanted.

That total was diminished to about $400m after the principal retrial and other lawful endeavors by the Galaxy cell phone creator. But she's blocked Apple's argument that the phones should be viewed from the perspective of a "designer of ordinary skill in the art", saying there's no basis for importing the "person of ordinary skill in the art" to the design context.



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