Samsung tries a new knife to whittle Apple's iPhone patent award

Apple and Samsung back in court over seven-year patent feud

Design Patent Battle Revives Between Samsung and Apple

Then, a retrial in 2013 won Apple $290m - this case was then appealed to the Supreme Court, where Samsung attempted to rubbish the original ruling's basis that damages from a single design patent could influence a product's profits. "But they're both taking a risk that the jury won't go their way". The jury will have to decide if the Supreme Court's caveat applies to the current case, or if Apple's characterization of the matter is more correct. This verdict has resulted that Samsung needs to give $930 million to Apple. In an earlier trial, Apple's analysis concluded that customers might pay as much as $100 more for a Samsung phone that included the patented features.

In 2012, a jury found that "all three of Apple's software patents on the iOS user interface were valid and infringed by a long list of Samsung devices, that Apple design patents were valid and infringed by several Samsung phones, and that Apple's trade dress on the iPhone and iPhone 3G were diluted by several Samsung phones", according to The Verge. In its opinion, lower courts should not always consider that the end product is the "relevant article of manufacture" in patent infringement cases.

Samsung declined to comment on the case; Fortune contacted Apple for comment, and will update this article as necessary.

The legal battle has been raging for seven years now, after Apple first sued Samsung for copying its iPhone designs in 2011. "Apple is certainly not entitled to the profits on the whole phone".

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Apple is "seeking profits on the entire phone", explained Samsung lawyer John Quinn, reports Bloomberg. Samsung argues, however, that it should pay up just $28 million. Specifically, Apple's rounded cornered phone design, the rim of the front face, and the grid view icons at the front are the main copied designs!

Those design elements were protected, prompting the jury to award Apple all the profits from sales of smartphones containing those features, Samsung lawyers said in their filing. 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. Expert Michael Wagner is expected to offer evidence of how much Apple spends on items such as screen glass to help calculate damages.

Samsung has argued that consumers have other reasons to buy a phone other than its original design.

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