The retrial for the 7-year-old design patent suit between Samsung and Apple will commence Monday in California, local time. Samsung isn't arguing that it didn't infringe on Apple's patents, but it is asking for a much smaller penalty: $28 million.
Samsung had protested the measure of the plan patent bit of the current punishment, which had been controlled by how much benefit it had produced using offering the handsets.
Originally filed in 2011, the case drew significant media attention as it provided insight into the operations of two notoriously secretive and highly successful technology companies.
Joswiak took to the stand and described how the iPhone and overall product design became embedded in the company's DNA. "That's something that Steve had created in the DNA of the company".
The trial over damages related to patent infringement also gives a look into how Apple designs its products.
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Apple released the iPhone 4 eight years ago in 2010. It shouldn't have to pay for the other parts since Apple's patents don't cover the whole phone. According to the latest reports, Apple is targeting Google's Android Mobile OS Feature by demanding $1 Billion from Samsung for blatantly copying its designing features. The retrial will not be looking at any new evidence, but will instead be considering what has already been argued in previous hearings.
In the seemingly never-ending smartphone patent war between Apple and Samsung, both sides delivered opening arguments in a Silicon Valley federal courtroom, this time on how to fairly calculate damages Samsung owes Apple for infringing five of Apple's patents. 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.
However, the central fight will be over whether the three design patents constitute discreet parts or the entirety of the smartphones at issue. The Cupertino-based firm was awarded over one billion dollars in 2012.
At issue were design features by now familiar to consumers: a black, rectangular, round-cornered phone front, a surrounding rim, known as the "bezel" and a grid of 16 colorful icon.
Apple first sued Samsung over patent infringement back in 2011. The retrial of this patent violation has begun and Apple has demanded $1 billion in damages from its rival. He also argued that the phone industry as a whole was moving toward screen-focused phones in 2007, and that the iPhone was not the first or only phone with a prominent screen design.