Sunday, 09 December, 2018

Apple and Samsung are back in court over seven-year patent dispute

Samsung "Phil? Phil Connors
Stacy Houston | 17 May, 2018, 06:58

Apple told jurors that Samsung should hand over all the profit it made on four devices that were heavily inspired by the iPhone. Samsung's lawyers appealed the case, bringing down the compensation of $1 billion to $400 million in 2015 at the US Court of Appeals for the Federal Circuit.

Meanwhile, the patent trial which kicked off yesterday with jury selection was proved so hard to find unbiased jurors that choosing eight of them from the 74 candidates took an nearly whole day. It shouldn't have to pay for the other parts since Apple's patents don't cover the whole phone.

Apple is "seeking profits on the entire phone", explained Samsung lawyer John Quinn, reports Bloomberg. Vellturo cited the fact once people enter a particular ecosystem they tend to stick with it for future purchases.

The basic question for the jury is: Should Samsung have to pay damages on the whole device or just the components that were infringed? He added: 'That had a dramatic effect on Apple, and the compensation is therefore substantial'.

"When you use someone else's design patents, you are entitled to the total profit generated from the infringing product", said Apple's attorney William Lee from the firm WilmerHale. His own words sight the design as "revolutionary". Seeing its market share dwindle and hoping to resurrect its flagging fortunes, Lee said, Samsung copied Apple's emphasis on design and watched as its sales soar once again.

Turkey expels Israel's consul general to Istanbul in spat over Gaza violence
According to the latest information, 100 Palestinians were killed in the clashes, more than 2,700 were injured. It rejects the criticism, saying its open-fire rules are necessary to defend its border.

The phone is described as having two cameras, one on the front left that works in phone mode and the other at the top right so when in tablet mode they can be used like a dual camera.

The jury will only be ruling on what the appropriate amount Samsung should pay in damages should be, rather than whether any laws were infringed. The case is Apple Inc v Samsung Electronics Co, 11-cv-01846, US District Court, Northern District of California (San Jose). However, this victory was short-lived as Samsung managed to cut the amount down through a series of retrials and appeals and paid $548 million.

Also Read: Samsung Galaxy S9+ vs Apple iPhone X: What's the difference? Apple originally sought $2.75 billion in damages.

According to the BBC, retrial judge Lucy Koh has said she intends to apply a "Groundhog Day" rule, whereby through referencing the 1993 movie, she will restrict the two companies to only presenting new evidence rather than regurgitating previous evidence.

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