Published: Wed, May 16, 2018
Electronics | By Kelly Massey

What is at stake in Samsung vs Apple patent retrial

What is at stake in Samsung vs Apple patent retrial

"Today, when we think of smartphones, we think of devices that look like the iPhone", Lee said. He asked them to "step back in time" to 2006 to consider flip phones, sliders, and what other cell phones looked like before Apple's iPhone. A new jury will make that decision for three such design patents, including one covering the rectangular shape, rounded corners and black glass of the iPhone's front face.

"It took Apple several years and over a $1 billion to develop the iPhone", Lee told the jury. This will be the third court appearance over the same five design infringements.

While Apple has been seeking the full profits attributable to the sales of the infringed phones, Samsung has been arguing for smaller penalties directly related to the value of features impacted by the patents. On the other hand, Samsung only wants to provide a mere $28 million in reimbursements.

CNET reports that while there are two utility patents that were infringed upon, the company is only asking for $5 million. Economist Chris Vellturo offered an assessment of the reasonableness of royalty payments had Samsung chosen to license the patents from Apple, added to the lost profits had Samsung phones not offered the same features.

Apple argues Samsung's entire profits should be taken into account. Apple originally sought $2.75 billion in damages. What is the "article of manufacture" that a patent applies to - the part of the product it covers or the whole? It argues that customers were not only buying its handsets because of the design, but also due to 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.

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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.

What is a design patent?

Apple and Samsung are facing each other in a third trial involving the same set of five patents, Apple wants more money than the U.S. $1.05bn they were awarded in in 2012 after a jury found the South Korean firm had infringed several of the iPhone's innovations.

An article of manufacture is a patent term that describes the product. The justices ruled that in the case of a multi-component product like a smartphone, the infringing "article of manufacture" could be the entire phone-as Koh and the Federal Circuit had assumed-but it also might be just one or more of its components.The Supreme Court left it to the Federal Circuit to determine exactly what the infringing "article of manufacture" is on 18 models of Samsung smartphones.

The legal battle has been raging for seven years now, after Apple first sued Samsung for copying its iPhone designs in 2011.

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