Apple is after $1bn from Samsung following the finding years ago that the South Korean company's phones did infringe three iPhone patents. 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.
"It took Apple several years and over a $1 billion to develop the iPhone", Lee told the jury. 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 argues, however, that it should pay up just $28 million. Following a 2013 retrial on damages, the number was revised down to $930 million.The Federal Circuit threw out $382 million of the verdict that was related to trade dress and Koh entered judgment for $548 million.But the U.S. Supreme Court upset all that in 2016 by ruling that Apple might not be entitled to all of the profits earned on Samsung's infringing smartphones.
This case will continue for months to come and the tech industry will certainly be watching closely to see what the court rules in this case that's going to set a big precedent for an industry where patent violation cases are a dime a dozen.
After the latest retrial, Samsung, Apple and Intel are scheduled to stand together in the United States trade watchdog FTC's suit against Qualcomm for the latter's alleged attempt to charge its customers for patented technology that it did not actually use. In its opinion, lower courts should not always consider that the end product is the "relevant article of manufacture" in patent infringement cases. It infringed three design patents and two utility patents awarded to Apple to cover early models of its popular smartphone. While Apple says that it constitutes the entire phone, Samsung disagrees, asserting that it could be applied specifically to separate components within a phone.
"Design is what ties it all together", Lee said in US Northern California District Court in San Jose, California.
Apple, on the other hand, asserts the article of manufacture is the entire phone. Apple originally sought $2.75 billion in damages. Koh has forbidden that argument on the ground that Samsung didn't raise it in the previous trial or on appeal.
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. The court ordered Apple and Samsung to negotiate a date for a retrial to settle the award money for Apple.