Ina Fried

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Samsung Says Apple Is Trying to Patent Pretty Phones and Shouldn’t Get More Than Another $52 Million

Samsung said that Apple’s lawyers are conflating a few patents with the entirety of the iPhone and argued the Korean electronics giant shouldn’t have to pay more than $52 million for a series of phones and tablets found to infringe on Apple patents.

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“Apple has tried to mischaracterize these patents so they are the iPhone,” Samsung lawyer Bill Price said in closing arguments of a partial retrial of last year’s patent infringement case. Price argues that Apple essentially wants its patents to cover any phones that look pretty or work well.

This case is far more narrow than the one heard by a jury in the same courtroom last year. The bulk of last year’s $1 billion verdict, as well as the findings of patent, were upheld; however, Judge Lucy Koh ruled that the jury erred in part of its damage calculation, necessitating the current proceedings.

Jurors in this hearing have only to figure out what the right damage amount is for that portion of the case.

Price argues that Apple produced iPhone product reviews showing how pretty and revolutionary the phone was, but said that the issue is not the iPhone itself, but the handful of patents at issue. “These patents are very narrow,” Price said. “They don’t own everything they think they own and the scope of those patents are not as broad as they come in here [saying].”

He also disputed Apple’s contention that Samsung’s internal documents show it was looking to copy the iPhone.

“Competitors are always looking at rival products to see ‘Where are we lagging?’” Price said. “Apple does the same thing.”

Samsung’s arguments followed Apple’s closing, in which it made the case for why it is due a further $379 million.

Price wrapped up shortly before noon, saying: “Really what they are saying is in the market justice is ‘just us.’ “

Apple lawyer Harold McElhinny now has a few minutes of time to make a rebuttal argument and then the jury will start its deliberations.


Apple versus Samsung Full Coverage


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