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.
"It took Apple several years and over a $1 billion to develop the iPhone", Lee told the jury.
The latest trial kicked off in San Jose, Calif., after a judge past year found the jury instructions in the original 2012 trial misstated the law and ordered a new trial.
CLEARLY BORED of doing minor updates to its product portfolio, Apple has chose to renew its patent spat with Samsung. After Samsung agreed to pay some damages, the case went to the US Supreme Court in 2016 and was returned to Koh with an order to revisit a $399 million portion of damages.
Experts believe that the outcome of this retrial that was scheduled for 14 May could set a benchmark on how much value a component design holds in an innovative product, thereby leaving a broad impact on intellectual property law. 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. The first jury had awarded damages based on those patents and on trade dress for 13 Samsung models, necessitating a recalculation of damages for the utility patent infringement only.
'We were really risking everything that was making Apple successful at the time, ' Joswiak said.
Apple, on the other hand, asserts the article of manufacture is the entire phone. The glass is easily separated from the phone and doesn't cost much, Samsung has argued.
The American tech giant's lawyer argued in court that though the design aspects in question only address the iPhone at a cosmetic level, they are still key features of the Apple brand. It "does not exist apart from, and can not be separated from, the infringing Samsung phones."Koh will let Kare and other Apple experts cite evidence from the first trial of Samsung's deliberate copying of the iPhone design".
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.
Apple has described how the iPhone and overall product design became embedded in the company's DNA.