Tuesday, 25 September, 2018

Apple wants Samsung to cough up $1bn in patent damages from 2012

Apple wants Samsung to cough up $1bn in patent damages from 2012 Apple wants Samsung to cough up $1bn in patent damages from 2012
Sherry Houston | 17 May, 2018, 06:57

Eight years in the making, Apple is now seeking $1 billion (₹6,700 crores) from Samsung in damages stemming from the patent infringement dispute between them. Morrison & Foerster partner Harold McElhinny, who once played the leading role for Apple, has retired and partner Rachel Krevans, who also represented the Cupertino, California-based company died previous year.

Apple lawyer Bill Lee told jurors this week that their sole objective was to determine what damages the company should collect.

The case not only will determine how much Samsung has to pay but how much countless other technology companies in the future might also have to worry about patents.

Samsung attorneys, according to Bloomberg, argued this week that the damages should be paid based exclusively based on three "narrow" design patents - which would amount to $28 million. On the other hand, Samsung only wants to provide a mere $28 million in reimbursements.

The Supreme Court's ruling allows Samsung to argue that damages should be based on the profits it made off the specific components that were found to infringe Apple patents - rather than the entire device.

This case will continue for months to come and the tech industry will certainly be watching closely to see what the court rules in this case that's going to set a big precedent for an industry where patent violation cases are a dime a dozen.

The third complaint was under the screen with Apple claiming that Samsung had copied the graphical user interface showing the layout of apps on its home screen.

"Apple's patents aren't applied to the things on the inside of the phone and even some of the [things on the] outside", Quinn said.

But senior director of design at Apple Richard Howarth argues Samsung "blatantly ripped off" the iPhone's design with its early Galaxy phones.

At the time Samsung had paid Apple $548m, but the ruling that the relevant "article of manufacture" in a multi-component product needn't be whole device, but its components such as bezels and displays, could cut $339m from that figure. The scope of Apple's design patents "are so very narrow" he said.

"Design is what ties it all together", Lee said in US Northern California District Court in San Jose, California. "The praise was not just for what it could do, but for how it looked, it's innovative design".

Neither Apple nor Samsung gave remark when inquired. Naturally, Apple is arguing the former, while Samsung reckons it should be the latter. His own words sight the design as "revolutionary".

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