“Samsung Electronics Co. is trying again to chip away at Apple Inc.’s long-ago $1 billion victory in their legal fight over smartphone technology — by disassembling the iPhone,” Joel Rosenblatt reports for Bloomberg. “The companies on Monday will replay a battle that started in 2011. The retrial before before U.S. District Judge Lucy Koh in San Jose, California, isn’t about whether the South Korean company infringed its rival’s patents — jurors will be told Apple has won on that count. Instead, the fight is about what damages Apple can extract from sales of an array of the Galaxy maker’s devices that haven’t been available in stores for years.”
“The $1.05 billion jury verdict of 2012 has been whittled down by a previous retrial in 2013, along with appeals and adjustments,” Rosenblatt reports. “After Samsung agreed to pay some damages, the case went to the U.S. Supreme Court in 2016 and was returned to Koh with an order to revisit a $399 million portion of damages.”
“The Supreme Court’s ruling allows Samsung to argue that damages should be based on the profits it made off the specific components that were found to infringe Apple patents — rather than the entire device,” Rosenblatt reports. “‘Apple’s going to say it wasn’t until you put it into our shape that you made any money on it, so you have to look at it holistically,’ [said Michael Risch, a law professor at Villanova University School of Law in Pennsylvania]. Samsung will argue Apple is only entitled to profits for “selling something of that shape, and not for the profits for selling the functionality that goes inside the shape,’ Risch said.”
Read more in the full article here.
MacDailyNews Take: The amount was laughably low to begin with. Thanks mostly to the glacial pace of legal proceedings, justice will never be served in these cases of obvious theft, patent infringement, and trade dress infringement.
The main reason why Samsung and the rest of the thieves are able to sell phones and tablets at all was because they made and continue to make fake iPhones and fake iPads designed to fool the ignorati in much the same way that Microsoft et al. profited wildly from upside-down and backwards fake Macs at the end of the 20th century. Google, Samsung, HTC, Xiaomi, et al. are the Microsofts, HPs, Dells, and eMachines of the new century.
If it’s not an iPhone, it’s not an iPhone.
Apple’s products came first, then Samsung’s:
Here’s what Google’s Android looked like before and after Apple’s iPhone:
And, here’s what cellphones looked like before and after Apple’s iPhone:
People who buy Android phones and tablets reward thieves.
iPhone X drives smartphone revenue dominance; Apple made more money in Q417 than the rest of the smartphone makers combined – February 16, 2018
Apple iPhone took more than half of worldwide smartphone revenue share in Q417, a new record – February 15, 2018
Strategy Analytics: Apple has shipped 1.2 billion iPhones in the past 10 years; $760 billion in global revenue to date – September 8, 2017
Apple took 83% of smartphone market profits in calendar first quarter – May 16, 2017
How important is Apple’s iPhone market share? – May 29, 2017