J
Jack Holt
Guest
Samsung and Apple are back in court again as Samsung looks to appeal the $930 million jurors awarded to Apple for intellectual property infringement. During the oral argument hearing yesterday, discussions were technical in nature, and discussed whether or not portions of the iPhone’s design was functional or ornamental. But that wasn’t the only aspect that the three-judge panel discussed.
The panel also discussed whether or not Apple was entitled to all of Samsung’s profits made from those devices found to infringe on Apple’s designs. The panel asked each side multiple questions that were probing in nature. Samsung lawyer Kathleen Sullivan appeared to be on the defensive as she faced a more forceful barrage of questions. She pushed arguments about the large patent judgement being improper.
Apple too faced questions and the panel listened to arguments from Apple lawyer William Lee. The court did raise several questions about the $382 million in damages because Samsung’s products traded upon the iPhone’s distinctive look. According to the court, that portion of the award money may be vulnerable.
Originally Samsung was ordered to pay $1.05 billion in damages after a trial in August of 2012. Jurors found the Galaxy S II and Droid Charge to have infringed on Apple’s patents. After a retrial, Samsung was ordered to only pay $930 million.
A decision from Appeals Court appears to be at least several months away but it’s quite possible that Samsung may only have to pay about half of what they were originally required to pay if that $382 million is thrown out. That said, only time will tell.
source: Wall Street Journal
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