Apple demands $1 billion from Samsung over iPhone patents

Apple and Samsung back in court over seven-year patent feud

Apple and Samsung back in court over seven-year patent feud

Apple is claiming that Samsung should pay over $1 billion for ripping off its patents, which Samsung says is a gross exaggeration. Samsung, meantime, has requested the jury to restrict damages to $28 million.

Samsung has to pay Apple for damages retrial on Apple design patents and for deciding how much Samsung has to pay Apple and Samsung are back in court this week. An MIT professor, John Hauser, conducted a form of trade-off analysis to determine the value of individual features to customers. But Apple's patents "do not cover the entire phone", Quinn said, adding that they are entitled only to the profits of the infringing components, and "not on anything that's inside the phone".

The fact that Apple is due financial damages from its South Korean rival - which has already paid $548 million to Apple - isn't in dispute at this retrial.

The original trial, back in 2012, awarded Apple $1.05 billion in damages, which was less than half of their ask of $2.75 billion. 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 past year.

It will be the third time that the five patents have been put under the microscope since the dispute began.

The fourth episode of this case revolves around clarifying the definition of 'article of manufacture', that is whether the contents of the patents apply to the whole phone. Apple originally sought $2.75 billion in damages. He also argued that the phone industry as a whole was moving toward screen-focused phones in 2007, and that the iPhone was not the first or only phone with a prominent screen design. The first request followed an objection from Apple to Quinn's reference to slides showing pre-2010 phones.

They are called "registered designs" in Europe and most parts of the world, but "design patents" in the US.

The 1887 patent law on which the present case relates to covered design patents back in the day for such items as carpets, wallpapers and oil cloths.

In December 2016, eight Supreme Court judges sided with its argument, and ruled that it was wrong that lower courts should always consider the "relevant article of manufacture" in such cases to be the end product sold to consumers.

Apple's lawyer Bill Lee has said that Samsung made a profit of around $1 billion by violating the company's design patents which Samsung is of the view that it should only be made to pay the amount it made by violating the specific patents and not the entire profits of the devices through which these patents were infringed.

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