Apple demands $1 Billion from Samsung for design patent violations

Cesar Mills
May 17, 2018

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.

In opening statements in a California federal damages trial, an eight-member jury was told by Apple lawyers that Samsung owes it more than $1 billion.

Kare continued to by saying "it's an organic, holistic design" which infringes upon Apple's patent. The first jury had awarded damages based on those patents and on trade dress for 13 Samsung models, necessitating a recalculation of damages for the utility patent infringement only. Should the fee be based on the money Samsung made from the total cost of its devices, or should it be based specifically on the infringing components?

Samsung argues that Apple infringed upon patented features used in its tablets and phones.

Apple and Samsung are now fighting it out again.

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Samsung's laser focus on breaking down the three patents was evident, not only demonstrated by their lines of inquiry with the industrial and graphic design experts, but also when they questioned two computer scientists with the University of Toronto.

The case not only will determine how much Samsung has to pay but how much countless other technology companies in the future might also have to worry about patents. Apple was initially granted $1.05bn (£772m) in 2012 after a jury found the South Korean firm had encroached a few of the iPhone's developments.

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.

But senior director of design at Apple Richard Howarth argues Samsung "blatantly ripped off" the iPhone's design with its early Galaxy phones. Samsung argues, however, that it should pay up just $28 million. The company today brought in industrial designer Alan Ball and the original Macintosh icon designer Susan Kare to try to sway the jury... "They are entitled to profits only on [infringing] components, not the entire phone". "Without the graphical user interface one could not operate the product or access any of its other features", she states in written testimony. While Apple says that it constitutes the entire phone, Samsung disagrees, asserting that it could be applied specifically to separate components within a phone.

Other reports by GizPress

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