The Apple drops for Samsung

17 May, 2018, 03:33 | Author: Tara Reeves
  • Apple vs Samsung22

It infringed three design patents and two utility patents awarded to Apple to cover early models of its popular smartphone. 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.

Attorneys for Apple, however, said the jury should award some $1 billion to the iPhone maker based on overall sales of Samsung's devices. Samsung disputed the amount and now the fight is over the amount that's due to the Cupertino company.

Apple and Samsung are facing each other in a California court for a third trial involving the same set of five patents.

In its latest trial, Apple has the burden of proof to prove that Samsung should pay the full $1 billion in damages.

The conundrum for jurors: Are damages based on "the whole phone, kit and caboodle, or just the shell of the phone - into which Samsung put a bunch of stuff that's unrelated to the patent?"

Samsung and Apple return to a San Jose, Calif. district courtroom Monday to resume a patent infringement dispute that dates to 2011.

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Samsung has already been found guilty of copying the iPhone. Apple thinks so, but on Tuesday, in a patent suit with hundreds of millions of dollars at stake, the company's lawyers faced off against a Samsung legal team that argued otherwise.

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. "This is the article of manufacture", Quinn said of the components.

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

Apple is seeking profits which have been made on the entire phone. And the Supreme Court ordered the U.S. Court of Appeals to redetermine the value Samsung owes Apple for the design patent violation, which directs to the trial that's happening this week. The jury will have to decide if the Supreme Court's caveat applies to the current case, or if Apple's characterization of the matter is more correct. 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 a year ago. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages.

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.

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