Apple and Samsung go head to head in court once again over design patents

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This grand battle in court between these two Tech firms goes on unabated

In San Jose, California, These two Tech giants, Apple and Samsung, will meet in court, starting Monday, for one week decide how a good deal Samsung owes for illegally the usage of apple’s patents. Apple initially made this lawsuit in 2011, which  climbed to the Supreme Court in late 2016, preceding being sent back to the lower courts.

Samsung has been found to encroach Apple’s patents already. The contention fixates on the amount it owes Apple for duplicating a portion of its licensed highlights, similar to the rectangular state of the iPhone. Already, Samsung paid $548 million, and $399 million of that is being reconsidered in this trial.

Apple, in the interim, will try to demonstrate that in light of the fact that a Samsung gadget encroached some portion of the iPhone’s plan, Samsung should pay damages in view of the estimation of its whole gadget. That is on the grounds that, Apple will contend, on the off chance that one phone’s design is like an iPhone, Apple could lose the deal to the contending phone. Apple needs to gather the majority of Samsung’s benefits on the devices that infringed.

Samsung vs iPhone
Photo by: SlashGear

The original trial in August 2012

In the original case in August 2012, a nine-man jury agreed with Apple on a dominant part of its patent encroachment claims against Samsung. Around then, the jury granted Apple $1.05 billion in damages, substantially less than the $2.75 billion looked for by the Apple company. Samsung, which requested $421 million in its countersuit, got nothing.

Just $399 million of the $548 million paid to Apple – considered the “additional remedy” sum under Section 289 of the Patent Act of 1952 (35 U.S.C. 289) – is being analyzed in the 2018 retrial. The extra $149 million in damages Samsung paid Apple isn’t in question.

Since the Supreme Court has said damages can be founded on a portion of a gadget, not really the whole infridging gadget, Samsung trusts the jury will grant a little damages add up to Apple.

 

Source: CNet


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