Apple Wants $1 Billion from the Samsung at Smartphone Retrial

Apple Wants $1 Billion from the Samsung at Smartphone Retrial: Apple is seeking about $1 billion from the Samsung in another go-round stemming from a long-running smartphone patent-infringement dispute.

Apple Wants $1 Billion from the Samsung at Smartphone Retrial

Jurors at the retrial before the U.S. District Judge Lucy Koh in San Jose, California, learning at the outset that the South Korean company infringed three of the Apple’s design patents and two utility patents.

Their sole job, Apple lawyer Bill Lee says, is to determine what damages Apple can collect.

The primary question for the jury is Should Samsung have to pay damages to the whole device or just the components that were infringing.

Samsung says the latter and is urging the jury to limit costs to $28 million.

Lawsuits can take a long time.

Lee tells jurors Tuesday. He asks them to step back in time to the year 2006 to consider flip phones, sliders, and what other cell phones it looks like before Apple’s iPhone.

Samsung makes $3.3 billion in revenue and $1 billion in profit from millions of phones that infringed Apple’s three design patents, Lee says.

That is apart from profits Samsung makes from infringing two of Apple’s utility patents, Lee says.

A $1.05 billion jury verdict from 2012 was whittled down by a previous retrial in the year 2013, along with appeals and adjustments.

After Samsung agrees to pay some damages, the case went to the U.S. Supreme Court in the year 2016 and was returning to Koh with an order to revisit a $399 million portion of damages.

Without mentioning the Supreme Court’s ruling explicitly, Samsung lawyer John Quinn emphasized the room the decision affords the company to argue damages should be on the profits it made off the specific components that were found to infringe Apple patents rather than an entire device.

Quinn tells jurors to maintain an open mind and resist Apple’s casting South Korean company as mired in the old phone models until it copied Apple.

The scope of Apple’s design patents is so very narrow he says.

They are seeking profits on the entire phone, he says. But Apple’s patents do not cover the whole phone, Quinn says, adding that they are entitling only to the profits of the infringing components, and not on anything that is inside the phone.

The case is Apple Inc. v. Samsung Electronics Co., 11-cv-01846, U.S. District Court, Northern District of California San Jose.

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