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Last updated: May 16th, 2018 at 21:43 UTC+02:00
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The Korean tech giant is relying on the recent Supreme Court ruling which said that damages from design patents could be based on the value of the infringed components instead of the total profit from the device. Accordingly, Samsung is urging the jury to limit the damages to $28 million, while Apple is demanding $1 billion in damages for infringing its patents.
By selling millions of phones which infringed on three of Apple’s design patents, Samsung reportedly made $3.3 billion in revenue and $1 billion in profit. This is the rationale behind Apple demanding $1 billion in damages from Samsung. The Korean company, on the other hand, believes that damages should be calculated only on the value of the infringed parts and not on the entire profits earned from those devices.
In the original trial in 2012, Samsung was ordered to pay $1.05 billion as damages to Apple by the Jury. After a series of legal battles, Samsung finally paid $548 million to Apple in damages, out of which $399 million is under examination in the 2018 retrial. The case went all the way to Supreme Court before coming back to the same lower court for a retrial.
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