The retrial will determine the damages Samsung will need to pay after it was found guilty of violating Apple's patents way back in 2012. But, it seems like that Apple is targeting Google by means of Samsung by demanding $1 Billion amount from Samsung.
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.
In its latest trial, Apple has the burden of proof to prove that Samsung should pay the full $1 billion in damages.
CLEARLY BORED of doing minor updates to its product portfolio, Apple has made a decision to renew its patent spat with Samsung.
The two companies are contesting whether Apple's patents protect part of the iPhone or the whole of it, CNET reports. In an earlier trial, Apple's analysis concluded that customers might pay as much as $100 more for a Samsung phone that included the patented features.
The case revolves around what consists of an "article of manufacture".
After the latest retrial, Samsung, Apple and Intel are scheduled to stand together in the USA trade watchdog FTC's suit against Qualcomm for the latter's alleged attempt to charge its customers for patented technology that it did not actually use.
Under the USA patent law, infringement of a design patent can result in a plaintiff receiving total profits made through the product. "They're seeking profits on the entire phone", explained Samsung lawyer John Quinn. On the other hand, Samsung only wants to provide a mere $28 million in reimbursements. The glass is easily separated from the phone and doesn't cost much, Samsung has argued. "Moreover, in the seven years of this litigation, Samsung has never produced sales data showing the number of white phones that Samsung sold", Koh ruled last month.Apple, meanwhile, will argue that the iPhone is "indivisible" from its revolutionary design.
Apple has described how the iPhone and overall product design became embedded in the company's DNA.
Apple and Samsung headed back to court yesterday over the patent fight that started back in 2011. But she's blocked Apple's argument that the phones should be viewed from the perspective of a "designer of ordinary skill in the art", saying there's no basis for importing the "person of ordinary skill in the art" to the design context.