Samsung tries a new knife to whittle Apple's iPhone patent award

  • Samsung tries a new knife to whittle Apple's iPhone patent award

Samsung tries a new knife to whittle Apple's iPhone patent award

Apple is now asking for a full $1 billion from Samsung during the damages retrial, adding that "Samsung infringed millions and millions and millions of times".

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".

According to a report by Bloomberg, the basic question for the jury now is should Samsung pay damages on the whole device or just the components that were infringed on?

The judge has referred to a 1990s comedy, Jurors must also stick to the previous judgement that Samsung copied three design patents concerning the look of the original iPhone, and two utility patents involving its pinch-to-zoom feature and bounce-back scrolling effect.

Apple and Samsung are headed back to court to continue their long-standing patent trial.

While Samsung's Galaxy S9 is undoubtedly a solid and impressive device, the South Korean-based company faces the same type of challenges as Apple, which is to say that smartphone owners are upgrading their devices far less frequently than in years past. "Samsung recognized they had a crisis of design and in 4 months- 4 months-came up with the infringing phones".

Samsung tries a new knife to whittle Apple's iPhone patent award

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. Naturally, Apple is arguing the former, while Samsung reckons it should be the latter.

"I agree with Samsung on this one", she said. The first request followed an objection from Apple to Quinn's reference to slides showing pre-2010 phones.

As a quick refresher, the case centers around whether or not design patents are "powerful tools to keep competitors at bay or relatively limited in power", as CNET puts it. In its opinion, lower courts should not always consider that the end product is the "relevant article of manufacture" in patent infringement cases.

The 289 statute in US code stipulates that anyone found guilty of design patent infringement must relinquish all profits they derived from the infringing product. In December 2016, the Supreme Court decided that the case should return to court after ruling it was unfair on Samsung to take all its profits on $3.3 billion in sales.

A jury in San Jose, California, will once again review the arguments around Apple's design patents to decide the appropriate amount in damages Samsung needed to pay back.