Friday, 17 August, 2018

Design Patent Battle Revives Between Samsung and Apple

TODO alt text Apple and Samsung back in court over seven-year patent feud
Sandy Mccarthy | 16 May, 2018, 23:31

That said, Motorola did show off foldable phone concepts years ago so it may be closer to producing this phone than a mere patent reveal would suggest.

"They're seeking profits on the entire phone", he said. "But they're both taking a risk that the jury won't go their way".

Samsung argued that component design could be just a small part of a multifaceted smartphone whose technologies involve more than 200,000 patents.

Apple and Samsung headed back to court yesterday over the patent fight that started back in 2011.

That figure, according to Samsung, comes to $28 million.

Italy's 5-star, League finish policy programme, pass to leaders
But the two parties may disagree on how to put their policies into action, with Five Star looking less ready than Lega to an open war.

The multibillion-dollar legal war between Apple and Samsung over patents has crossed a certain limit on this Monday!

This position stems from a Supreme Court ruling in 2016 that was favorable to Samsung and is central to how damages are calculated in infringement cases involving design patents. Samsung might have to pay for the whole device or for the infringed components.

Apple wants Samsung to cough up a whopping $1 billion in damages for infringing iPhone design patents. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages. This verdict has resulted that Samsung needs to give $930 million to Apple.

Samsung has argued that consumers have other reasons to buy a phone other than its original design. The case is Apple Inc v Samsung Electronics Co, 11-cv-01846, US District Court, Northern District of California (San Jose). "Samsung might want to say just because you have a design doesn't mean you own the world". 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. "It is one, very specific ornamental design."Samsung also wanted to argue that no damages should be awarded for about 1 million of the phones in question because they're cased in white plastic, rather than black". 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.

Samsung has already been found guilty of copying the iPhone. 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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