In the retrial of the much reported Apple vs Samsung case, the US tech giant seeks $1 billion from the South Korean behemoth for infringing upon three design patents and two utility patents.
The jurors in the court of US District Judge Lucy Koh in San Jose, California have already found Samsung guilty of the crime. According to Apple’s lawyer Bill Lee, their sole job is now to determine the damages which Apple is entitled to collect, reported Bloomberg.The basic question before the jury ahead of deciding the amount of compensation is: Should Samsung have to pay damages on the whole device or just the components that were infringed?
According to Samsung, Apple is entitled to the damages on just the components which infringed on its patent rights, not the entire phone. Hence, Samsung lawyer urged the jurors to limit the damages to $28 million.However, Lee argued Samsung made $3.3 billion in revenue and $1 billion in profit from millions of phones that infringed Apple’s three design patents. This does not include the revenue generated from the copying of utility patents.
The jury in 2012 had rewarded Apple $1.05 billion in damages. The verdict was followed by a series of appeals and adjustments and the amount was whittled down.After Samsung agreed to pay some damages, the case went to the US Supreme Court in 2016 and was returned to Koh with an order to revisit a $399 million portion of damages.The Samsung lawyer argued that the scope of Apple patents are “very narrow” and hence it should only be paying the profits made on copying the components. He further argues that the patents do not cover the entire phone and Apple is wrongfully seeking profit made on the entire phone.>