Wednesday 13 November 2013

Apple and Samsung back in court over patent damages

Apple and Samsung back in court over patent damages





Apple and Samsung are returning to court in one of the most high-profile patent battles of recent times.
In August 2012, a jury found Samsung guilty of infringing six Apple patents and awarded one of the largest payouts of its kind on record.
The verdict and $1bn (£626m) awarded in damages were seen as a massive victory for Apple.
This is just one of many patent cases the two companies are fighting in courtrooms across the world.
In March 2013, a judge re-examined the $1bn awarded to Apple and reduced the amount saying the damages would need to be assessed at a new trial.
Judge Lucy Koh said the original jury in the court in California had incorrectly calculated part of the damages.
The judge said that $550m of the award had been worked out in the proper manner but she ordered that the remaining $450m be reassessed.
That $450m could be increased or lowered meaning that Apple could conceivably end up with more than the original $1bn awarded at the first trial.
Apple had originally sought $2.5bn in damages from Samsung.

 Stealing isn't right

At the time of the original ruling Samsung said the decision was bad news for consumers and would "lead to fewer choices, less innovation, and potentially higher prices".

Start Quote

I do kind of wish they were more compatible”
Steve WozniackApple co-founder
Apple said it applauded the court "for finding Samsung's behaviour wilful and for sending a loud clear message that stealing isn't right".
Even after this latest trial, which will involve a new jury, both companies could appeal.
"I think they will appeal unless they settle," intellectual property consultant Florian Mueller told the BBC.
"But at this point neither party has enough leverage to force someone into settling if they don't want to. And we're not there yet," he said.
Apple has asked for a sales ban to be imposed on the Samsung products that had been found to infringe the patents. But the judge ruled that Apple could adequately be compensated financially.
"Between these types of big players a $1bn damages award is not as bad as a sales ban," said Mr Mueller.

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