Parties found guilty of infringing utility patents are only required to pay reasonable royalties, a much less punitive measure than the total profits requirement associated with design patent infringement.
Apple is now asking for a full $1 billion from Samsung during the damages retrial, adding that "Samsung infringed millions and millions and millions of times".
Apple and Samsung are headed back to court to continue their long-standing patent trial. If the decision is in favor of Apple, Samsung will have no choice but to pay a hefty price for violating its patents. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages. "After looking into the historical meaning of the phrase 'article of manufacture, ' it's clear Congress didn't intend for someone to be able to patent a design for a screen and get the profits from the whole phone".
Samsung has argued that consumers have other reasons to buy a phone other than its original design.
The basic question for the jury is: Should Samsung have to pay damages on the whole device or just the components that were infringed?
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But, per Sky Sports , the Court of Arbitration (CAS) for Sport upheld an appeal by the World Anti-Doping Agency to extend said ban after it expired this month.
The retrial focuses on a few handsets that are never again sold by Samsung, including the Droid Charge, Mesmerize and Galaxy S2. 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.
Later Koh admonished Quinn saying what he did was tantamount to jury nullification. This does not include the revenue generated from the copying of utility patents.
Apple argues Samsung's entire profits should be taken into account. And they can only argue upon the amount that Samsung has to pay Apple.
The trial over damages related to patent infringement also gives a look into how Apple designs its products. "Without the graphical user interface one could not operate the product or access any of its other features", she states in written testimony.
Apple is after $1bn from Samsung following the finding years ago that the South Korean company's phones did infringe three iPhone patents.
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