In August of 2012, Apple won a $1.05 billion jury award against Samsung for infringing on Apple patents. In the aftermath of the verdict, Samsung took the award through various appellate courts. Between appeals and Judge Koh, the award was reduced to $399 million. Samsung says that it should not pay that amount, which covers the use of the iPhone's icon grid, rounded corners and bezels. In December, the Supreme Court unanimously ruled to overturn the verdict and remanded the case back to the Appeals Court. At issue was whether the "article of manufacture" that the damage award is based on refers to a complete phone, or a single component. The difference could mean millions of dollars to both firms.
Last month, the Appeals Court re-opened the case. Apple argued that the $399 million award should stand since Samsung never referred to the "article of manufacture" as being anything less than a whole phone. Samsung wanted the case sent back to lower court for a new trial on damages. This way, Samsung could argue that any damages be limited to the actual components that were infringed. The Appeals Court came in with its ruling yesterday, and decided not to award a victory to either firm. Instead, it remanded the case back to the Northern District Court of California in San Jose, and did not order a new trial on the damages. Instead, the District Court itself will decide the issue over "the article of manufacture," and decide whether a new trial on damages is warranted.
"Section 289 provides, in relevant part, that whoever manufactures or sells “any article of manufacture to which [a patented] design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit.” 35 U.S.C. § 289. The Supreme Court clarified that a damages award under § 289 involves two steps: (1) “identify the ‘article of manufacture’ to which the infringed design has been applied;” and (2) “calculate the infringer’s total profit made on that article of manufacture.” Samsung, 137 S. Ct. at 434. The Court then explained that the only question before it was narrow: "whether, in the case of a multicomponent product, the relevant ‘article of manufacture’ must always be the end product sold to the consumer or whether it can also be a component of that product...On remand, the trial court should consider the parties' arguments in light of the trial record and determine what additional proceedings, if any, are needed," it said. "If the court determines that a new damages trial is necessary, it will have the opportunity to set forth a test for identifying the relevant article of manufacture for purposes of [Section 289 of the Patent Act of 1952] and to apply that test to this case.""-Appeals Court ruling
You might recall the media attention that the case received five years ago, and even Judge Lucy Koh became a minor celebrity. Don't expect the same minute-by-minute coverage this time around. The bad blood between Apple and Samsung five years ago was so powerful that you could almost taste it. These days, things have settled down as both sides seem to co-exist in a sluggishly growing global smartphone market.
Millions of people will have began and graduated from college with a bachelors degree by the time this is over with. The entire second half of Obama's presidency took place during this trial. Over half a billion people were born in the time span of this case. The entire landscape of the Phone industry has changed in that time.
I don't even see how it matters anymore.
Gosh! Just end this already. The only reason Apple sued Samsung is because, Apple hates when partners compete against them and saw the Galaxy S was potentially going to sell head to head with the iPhone. So Apple sued them to try to slow them down, using some BS patents they should not have been granted to begin with.
It's just dumb. Whatever money Apple gets, which will at this point be less than $200M, Apple will be paying it right back to Samsung when they buy or have Samsung fabricate prats for them.
Thanks Apple for basically showing us that you were scare of Samsung, because Samsung has to kick your @$$.
We know you are scared of them because, there are company's in China that actually make phones that look 100% identical to every iPhone you've ever made. Even to the point they drop a skin over Android that looks 100% idental to the iOS UI; and not once have you raise any lawsuit against them.
Even though these shop probably sell far more ripoffs in China that look like your phone, and likely outsells you phone, you don't care and never even sued them. But you chose Samsung who made one, just one frikkin phone that looked similar and that isn't even the one you went after.
Apple, just tell the court to drop the suit if Samsung is willing to not sue you for damage of dragging their name through your mud.
Oh and with all these lawsuits that you will lose from now on, the last thing you should be in a hurry to do is go to court. Because you blew off Obama who save you from a case you did lose and you spat in his face by not unlocking a phone they asked you to unlock, you no longer have the US Gov't cloak of protection and you will lose more cases in US courts then you will ever win.
Dude, how many times have I told you; no one is gonna read all that! Learn to summarize! Say it with me now.......Summer......Eyes......Summarize. Your subject matteris too subjective to be this long, work on that!
That your a special snowflake......you wanna cookie? Perhaps a medal?
In all seriousness, 90% of the dudes here ignore him outright. He is the village idiot on this site. Most of what he says is ridiculously speculative drivel, and that's putting it kindly. Telling him to tone it down is the least disrespectful way to say it. I could just tell him to STFU, but I'm trying to be polite.
i dont think apple will lose more cases in the u.s...with trump as president, im sure trump will do everything to favor apple against overseas companies, including vetoing apple sales ban, as did obama LOL
Apple also pay a heavy price attacking Samsung.
Samsung also did the world a big favour by getting rid of those ridiculous design patents saving the world from an Apple smartphone apocalypse.
Imagine if Apple went after smaller android smartphone brand and won. They would have a much higher chance of keeping those untouchable patents.
So i am fully behind Samsung on this. Go get them and destroy every such patent in Apple's arsenal.
A discussion is a place, where people can voice their opinion, no matter if it is positive, neutral or negative. However, when posting, one must stay true to the topic, and not just share some random thoughts, which are not directly related to the matter.
Things that are NOT allowed:
Off-topic talk - you must stick to the subject of discussion
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