ibusinesslines.com
ibusinesslines.com May 26, 2018


Design Patent Battle Revives Between Samsung and Apple

16 May 2018, 11:43 | Justin Tyler

Design Patent Battle Revives Between Samsung and Apple

Apple and Samsung back in court over seven-year patent feud

The two hi-tech behemoths went to court over the designs that have now become commonplace on most popular smartphones, with a court ruling in 2012 in favor of Apple.

The latest trial kicked off in San Jose, Calif., after a judge a year ago found the jury instructions in the original 2012 trial misstated the law and ordered a new trial.

The current dispute is over roughly $400 million that Samsung was ordered to pay in damages over the design patent infringement.

That's according to Apple's vice president of marketing, Greg Joswiak, who recently testified at the firm's ongoing patent trial with top rival Samsung. "Jurors must also stick to the previous judgement that Samsung copied three design patents concerning the look of the original iPhone, and two utility patents involving its pinch-to-zoom feature and bounce-back scrolling effect". Apple has disputed that while it's a much of money, "Samsung violated millions and millions and millions of times".

Retrial judge Lucy Koh who also sat in the first case has said she intends to apply a “Groundhog Day” rule
Retrial judge Lucy Koh who also sat in the first case has said she intends to apply a “Groundhog Day” rule

The phone is described as having two cameras, one on the front left that works in phone mode and the other at the top right so when in tablet mode they can be used like a dual camera.

An article of manufacture is a patent term that describes the product.

In the present case, Samsung was discovered liable of encroaching three outline patents. This might be a valid point from Samsung as Apple should not ask for the profit which has been made by the phone's internal features. Samsung says the latter - and is urging the jury to limit damages to $28 million (roughly Rs. 190 crores). The glass is easily separated from the phone and doesn't cost much, Samsung has argued.

In 2011, Apple sued Samsung claiming the South Korean company's phones, including the Galaxy S2, copied the iPhone in both physical and software design. Susan Kare, a GUI designer who was part of Apple's Macintosh design team and has since worked for Microsoft and IBM, will testify that the iPhone GUI can not be separated conceptually from the phone. 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. 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.




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