Monday, 14 May 2018

Apple and Samsung patent battle revived in California court

Apple and Samsung are facing each other in a California court for a third trial involving the same set of five patents.

Apple was originally awarded $1.05bn (£772m) in 2012 after a jury found the South Korean firm had infringed several of the iPhone's innovations.

That sum was reduced to about $400m after the first retrial and other legal efforts by the Galaxy smartphone-maker.

But a fresh hearing became necessary after a Supreme Court ruling on how the penalties were calculated.

Retrial judge Lucy Koh, who also sat in the first case, has said she intends to apply a "Groundhog Day" rule.
This reference to the 1993 movie, in which a day repeats itself, restricts the two companies to rehashing the evidence they presented before rather than offering up new facts.

Jurors must also stick to the previous judgement that Samsung copied three design patents concerning the look of the original iPhone, and two utility patents involving its pinch-to-zoom feature and bounce-back scrolling effect.

They may, however, decide to settle on a different award, based on the fact the Supreme Court has provided them more latitude.

Neither Apple nor Samsung provided comment when asked.

BBC     News.

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