Apple sues Samsung for $1 billion in design patent violation

Will Motorola bring a foldable smartphone to market

However, Apple may still be able to convince the jury that the devices would not have been marketable without the infringing designs and therefore the phones as a whole should be considered the relevant article. But don't worry, because Samsung has asked the jury to limit the damages to just $28 million, which is very shy of the $1 billion Apple is seeking.

The trial over damages related to patent infringement also gives a look into how Apple designs its products. The retrial before before US District Judge Lucy Koh in San Jose, California, isn't about whether the South Korean company infringed its rival's patents - jurors will be told Apple has won on that count. But the sum of damages Samsung must pay is yet to be agreed.

Samsung lawyers, of course, argued that phones are made of components - even if the finished product that consumers buy is the complete smartphone.

It's been going on for years, the ongoing battle between Samsung and Apple is back in a US Court and the two component buddies, are at each other's throat.

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This is the justification that Apple is providing for why it's now asking Samsung to cough up $1 billion. Apple is arguing that not only should Samsung pay the entire $399 million (which applies specifically to the two patents mentioned above) but the original $1 billion because "article of manufacture" consists of the whole phone. 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.

Is a smartphone a unitary design or just a collection of patented tidbits?

Samsung had objected to the size of the design patent portion of the existing penalty, which had been determined by how much profit it had made from selling the handsets. For its part, Samsung is seeking some $7 million in damages for the two patents it claims Apple infringed in order to send a message that software patents are worth significantly less than Apple is suggesting. Susan Kare, a GUI designer who was part of Apple's Macintosh design team and has since worked for Microsoft and IBM, will testify that the iPhone GUI can not be separated conceptually from the phone.

The 289 statute in USA code stipulates that anyone found guilty of design patent infringement must relinquish all profits they derived from the infringing product. In an earlier trial, Apple's analysis concluded that customers might pay as much as $100 more for a Samsung phone that included the patented features.

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