Apple is demanding about $1 billion (approximately Rs 6,700 crores) from Samsung in an on-going case that involves patent infringement by the South Korean company. Jurors at a recent retrial learnt that Samsung has been accused of infringing three of Apple’s design patents and two utility patents.
Based on a report from Bloomberg, the sole job of the Jurors is to determine the damages Apple can collect from Samsung. The Jury has to decide whether Samsung pays damages on the whole device or just the components that were infringed. Samsung is claiming the latter and is urging the Jury to limit the damages to $28 million (approximately Rs 190 crores).
Apple seems to claim otherwise. According to its lawyer Bill Lee, Samsung made a revenue of $3.3 billion (Rs 22,400 crores), with a profit of $1 billion (Rs 6,700 crores) of the phones that infringed the three Apple design patents. This stands apart from the two utility patents.
On the other hand, Samsung’s lawyer is asking Jurors to have an open mind and consider only the scope of Apple’s patents. He was quoted saying, “They’re seeking profits on the entire phone”, but Apple’s patents, “do not cover the entire phone.” Adding to that, he said that they are only entitled to the profits of the infringing components, and “not on anything that’s inside the phone.”
A verdict of $1 billion was reached by a Jury in 2012, but it had been brought down after a retrial in 2013, along with appeals and adjustments. After Samsung agreed to pay some damages, the case went to the U.S. Supreme Court in 2016 and was returned to U.S. District Judge Lucy Koh in San Jose, California, with an order to revisit a $399 million (approximately Rs 2,700) portion of damages. The case is Apple v. Samsung Electronics Co., 11-cv-01846, US District Court, Northern District of California (San Jose).
16/05/2018 11:09 AM