Motorola seems to be joining Apple, Huawei, Samsung, LG and possibly other smartphone manufacturers in the ongoing race to releasing the world's first truly foldable smartphone. Risch said. "Apple's going to say it wasn't until you put it into our shape that you made any money on it, so you have to look at it holistically", he said. The original jury in 2012 awarded $1.049 billion for infringement of Apple design and utility patents and for trade dress dilution.
In opening statements in a California federal damages trial, an eight-member jury was told by Apple lawyers that Samsung owes it more than $1 billion.
Samsung was found guilty of infringing Apple's intellectual property in the iPhone six years ago. "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". "But they're both taking a risk that the jury won't go their way". "Samsung recognized they had a crisis of design and in 4 months- 4 months-came up with the infringing phones". On the other hand, Samsung only wants to provide a mere $28 million in reimbursements.More news: Senate votes to protect net neutrality rules
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Alan Ball kicked things off today by arguing that one of the patents in question, which covers to a "black, rectangular, round-corded front face for an electronic device", applies to the finished product. Whereas Samsung is fighting that it should give a lesser value for a portion of the iPhone's value. In December 2016, the Supreme Court decided that the case should return to court after ruling it was unfair on Samsung to take all its profits on $3.3 billion in sales. According to Apple's lawyer Bill Lee, their sole job is now to determine the damages which Apple is entitled to collect, reported Bloomberg.
Samsung then appealed the lower court's ruling to the Supreme Court, attempting to limit the compensation to profits attributable to a specific component patent in question.
The retrial for the 7-year-old design patent suit between Samsung and Apple will commence Monday in California, local time. 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.