Design Patent Battle Revives Between Samsung and Apple

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The current dispute is over roughly $400 million that Samsung was ordered to pay in damages over the design patent infringement. The devices over which it was sued are no longer on sale and yet the case has dragged on since then but lawsuits and countersuits being filed by both companies.

Samsung Electronics Co is trying again to chip away at Apple Inc's long-ago $1 billion victory in their legal fight over smartphone technology - by disassembling the iPhone. But, it seems like that Apple is targeting Google by means of Samsung by demanding $1 Billion amount from Samsung.

This week's trial will now determine how damages will be calculated, as the jury will be told to consider the arguments back at the beginning.

Apple's team is asking for more than $1 billion for Samsung's infringement on three design patents, the full profit Samsung earned from the sale of infringing phones, and another $5 million for the South Korea-based company's infringement of two utility patents. Samsung, meantime, has requested the jury to restrict damages to $28 million.

However, Samsung may have the upper hand, as a U.S. Supreme Court judge ruled in 2016 that it was unfair for the firm to have to pay the entire charge, when it only infringed upon parts of the iPhone, not the entire device.

"I get that a display screen is a thing", an article of manufacture along with other components, Kare said.

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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.

Had Apple not released the iPhone, it anxious that mobile carriers could easily make the iPod obsolete by adding music to their phones, which served as a "gigantic threat" to the company and its mainstay media player. 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.

The American tech giant's lawyer argued in court that though the design aspects in question only address the iPhone at a cosmetic level, they are still key features of the Apple brand.

The trial first erupted in 2011, just a year after Apple released the original iPhone 4.

A $1.05 billion jury verdict from 2012 has been whittled down by a previous retrial in 2013, along with appeals and adjustments. If Samsung comes out on top, it will still need to pay Apple but not at as big of a cost.

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