How Retro, Samsung & Apple Back In Court Over Galaxy 2

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

During the earlier trial, Apple lawyer Seth Waxman argued that the design patent referred to "the thing to which the design is applied", meaning the entire smartphone. The battle began in 2011 when Apple accused Samsung of infringing on 3 of its design patents for the front and back of the original iPhone and the graphical UI showing the layout of apps.

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.

Attorneys for Apple, however, said the jury should award some $1 billion to the iPhone maker based on overall sales of Samsung's devices. If Samsung pays up, this could set a precedent that would affect how companies can be sued for patent infringements in the future.

The jury will only be ruling on what the appropriate amount Samsung should pay in damages should be, rather than whether any laws were infringed. This verdict has resulted that Samsung needs to give $930 million to Apple.

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The case is Apple v. Samsung Electronics Co., 11-cv-01846, US District Court, Northern District of California (San Jose). Apple's legal team is arguing that, while the three patent violations that the South Korean company might have been cosmetic in nature, they are a huge reason for why the iPhone sells so well. After the jury left the courtroom, Judge Koh said Samsung's counsel had asked Kare for her. The first request followed an objection from Apple to Quinn's reference to slides showing pre-2010 phones.

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

Samsung worked on industrial designer Alan Ball, an Apple witness who repeatedly insisted the smartphones at issue need to be taken in their entirety and not divided into discrete parts. Samsung argues, however, that it should pay up just $28 million. But she's blocked Apple's argument that the phones should be viewed from the perspective of a "designer of ordinary skill in the art", saying there's no basis for importing the "person of ordinary skill in the art" to the design context.

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