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Apple Wants $1 Billion From Samsung In Damages Retrial

17 May 2018

Smartphone rivals Apple and Samsung returned to a federal courtroom this week to resume their long-running patent dispute.

The basic question for the jury is: Should Samsung have to pay damages on the whole device or just the components that were infringed?

Samsung declined to comment on the case; Fortune contacted Apple for comment, and will update this article as necessary. Seeing its market share dwindle and hoping to resurrect its flagging fortunes, Lee said, Samsung copied Apple's emphasis on design and watched as its sales soar once again.

Apple and Samsung are facing each other in a third trial involving the same set of five patents, Apple wants more money than the United States $1.05bn they were awarded in in 2012 after a jury found the South Korean firm had infringed several of the iPhone's innovations.

Apple is claiming $1 billion awards from Samsung during the damages retrial this week.

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Samsung is asking the jury to determine how much each of these discrete elements is worth and then assess damages accordingly.

The legal dispute between the two tech giants dates to 2011 when Apple sued Samsung.

Samsung's pre-iPhone devices had keypads and smaller screens, while later models are screen-focused with app icons and no keypad. Apple originally sought $2.75 billion in damages.

The $1.05 billion jury verdict of 2012 has been whittled down by a previous retrial in 2013, along with appeals and adjustments.

Under the United States patent law, infringement of a design patent can result in a plaintiff receiving total profits made through the product.

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Jurors at the retrial before US District Judge Lucy Koh in San Jose, California, learned at the outset that the South Korean company infringed three of Apple's design patents and two utility patents.

The phone is described as having two cameras, one on the front left that works in phone mode and the other at the top right so when in tablet mode they can be used like a dual camera.

Neither Apple nor Samsung gave remark when inquired.

The Supreme Court agreed with this in 2016, saying that damages would have to be proportionate to the specific parts on the phone that were copied, rather than profit made from the entire product.

Samsung has argued that consumers have other reasons to buy a phone other than its original design.

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"Apple's patents aren't applied to the things on the inside of the phone and even some of the [things on the] outside", Quinn said.

Apple Wants $1 Billion From Samsung In Damages Retrial