Apple seeks $1 billion in damages from Samsung in patent retrial
As we reported earlier this week, the Apple v. Samsung patent infringement case is present process a retrial. The case is about Samsung infringing on three design and two utility patents owned by Apple. The retrial isn’t about whether or not Samsung is responsible of infringement or not, however what the damages needs to be. Samsung is hoping to pay a smaller quantity as damages whereas Apple is arguing in opposition to it.
The Korean tech large is relying on the recent Supreme Court ruling which stated that damages from design patents could possibly be based mostly on the worth of the infringed parts as a substitute of the full revenue from the gadget. Accordingly, Samsung is urging the jury to restrict the damages to $28 million, whereas Apple is demanding $1 billion in damages for infringing its patents.
By promoting tens of millions of telephones which infringed on three of Apple’s design patents, Samsung reportedly made $three.three billion in income and $1 billion in revenue. That is the rationale behind Apple demanding $1 billion in damages from Samsung. The Korean firm, then again, believes that damages needs to be calculated solely on the worth of the infringed components and never on your complete earnings earned from these units.
Within the unique trial in 2012, Samsung was ordered to pay $1.05 billion as damages to Apple by the Jury. After a sequence of authorized battles, Samsung lastly paid $548 million to Apple in damages, out of which $399 million is underneath examination within the 2018 retrial. The case went all the way in which to Supreme Courtroom earlier than coming again to the identical decrease court docket for a retrial.
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