LIFE Published February10, 2017 By Staff Writer

Samsung vs Apple Lawsuit News: Damage Fee to be recalculated?

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The design patent lawsuits of Samsung Electronics and Apple, which went up to the US Supreme Court, went down to the first trial court. In the first instance, Samsung will recalculate the amount of damages to be paid to Apple.

According to the CNET, the Federal Court of Appeals sent the design patent lawsuits of Samsung and Apple back to San Jose, California, where the case was first launched. On December 6, 2006, the Supreme Court dismissed the case as an appeals court and went down to the trial court two months later. In the first trial, the amount of damage compensation is re-calculated by judging how much the Apple patent infringed by Samsung contributed to Samsung's overall profit.

In a statement, Samsung said, "We look forward to the first hearing." We will represent all those who wish to be creative, innovative, and fair competition in the market. " Apple declined to answer.

Apple has filed a patent lawsuit against Samsung in the Northern District of California, claiming that it infringed on the patent applied to the iPhone and iPad in 2011. The related patents are patent (D677), black square rounded corner patent (D677), patent on the bezel (D087) on the liquid crystal screen, and application patent (D305) arranged on the grid form.

Samsung lost $ 1 billion in damages to Apple for $ 1.2 billion. Among them, the compensation amount of $ 399 million related to the design patent was the total profits earned after the launch of Samsung Galaxy S. Section 289 of the US Patent Act stipulates that compensation for certain components of a product should be calculated based on the total value or benefit of the product even if a patent infringement occurs.

Since then, Samsung has accepted the design patent infringement ruling, but filed an appeal to the Supreme Court, saying, "The compensation amount is excessive." It was argued that the amount of compensation should be calculated only for the portion of the related design that contributed to the profit. In December last year, the Supreme Court upheld all the eight Supreme Court justices.

In the first case, the court will discuss how to interpret the scope of Article 289 of the Patent Act. It is expected that the design value will be set in relation to the amount of compensation that the infringer who imitates the competitor's product should pay.

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