Apple demands $1 billion from Samsung over iPhone patents

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The court ordered Apple and Samsung to negotiate a date for a retrial to settle the award money for Apple.

The $1.05 billion jury verdict of 2012 has been whittled down by a previous retrial in 2013, along with appeals and adjustments.

The latest trial kicked off in San Jose, Calif., after a judge a year ago found the jury instructions in the original 2012 trial misstated the law and ordered a new trial.

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It was ordered to pay the U.S. tech giant more than $1 billion for infringing on three of Apple's design patents related to mobile devices - the quick links to phone numbers, the slide-to-unlock feature and the auto-correct function.

The case is Apple v. Samsung Electronics Co., 11-cv-01846, US District Court, Northern District of California (San Jose).

Apple also included 2 utility patents covering its bounce-back scrolling and pinch-to-zoom features.

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The legal dispute between the two tech giants dates to 2011 when Apple sued Samsung. "They are called to profits only on components, not the entire phone". The scope of Apple's design patents "are so very narrow" he said. While Apple says that it constitutes the entire phone, Samsung disagrees, asserting that it could be applied specifically to separate components within a phone.

The fourth episode of this case revolves around clarifying the definition of 'article of manufacture', that is whether the contents of the patents apply to the whole phone. Samsung, meantime, has requested the jury to restrict damages to $28 million. The glass is easily separated from the phone and doesn't cost much, Samsung has argued.

Apple and Samsung are facing each other in a California court again for a third trial involving the same set of five patents. For Samsung, this is good news because it could mean an even lower award than the $400 million.

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Instead of releasing another flip phone or keyboard phone, Apple devised the iPhone, which revolutionized phone design and quickly took the market by storm. Susan Kare, a GUI designer who was part of Apple's Macintosh design team and has since worked for Microsoft and IBM, will testify that the iPhone GUI can not be separated conceptually from the phone. But she's blocked Apple's argument that the phones should be viewed from the perspective of a "designer of ordinary skill in the art", saying there's no basis for importing the "person of ordinary skill in the art" to the design context.

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