In opening arguments for a damages phase of the patent suit - Samsung already has been found to infringe - Apple attorney argued that three design patents, while covering merely cosmetic aspects of iPhones, are in fact key to making the phones look good and work well.
Finally, in the final round of the long-going Samsung patent fight, Apple has demanded a total of $1 Billion from Samsung for patent infringement at smartphone retrial. However, this victory was short-lived as Samsung managed to cut the amount down through a series of retrials and appeals and paid $548 million.
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Apple lawyer Bill Lee told jurors this week that their sole goal was to determine what damages the company should collect. Apple is arguing that not only should Samsung pay the entire $399 million (which applies specifically to the two patents mentioned above) but the original $1 billion because "article of manufacture" consists of the whole phone.
Apple's lawyer Bill Lee has said that Samsung made a profit of around $1 billion by violating the company's design patents which Samsung is of the view that it should only be made to pay the amount it made by violating the specific patents and not the entire profits of the devices through which these patents were infringed. Samsung says the latter - and is urging the jury to limit damages to $28 million. But the award was curbed by a retrial the following year, and the U.S. Supreme Court set aside a portion of the damages after ruling that they could reflect either individual components of a product or the entire product itself. Samsung responded claims for the five alleged patent violations were 'a gross, gross exaggeration'.
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"It could be that Samsung wants to prove a point that patents shouldn't be overused", Risch said.
Apple and Samsung have been locked in a patent trial since 2011, with the former alleging that the Korean smartphone giant copied features used in the iPhone and the iPad. It shouldn't have to pay for the other parts since Apple's patents don't cover the whole phone. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages. It won the case and was awarded $1.05 billion in 2012. His own words sight the design as "revolutionary".
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Also Read: Samsung Galaxy S9+ vs Apple iPhone X: What's the difference? Apple may state it should, in any case, be the previous in this debate, contending that the telephones would have had no an incentive without the outlines of their bodies and UI.