Apple and Samsung face again in the Courts -


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Thursday, 9 February 2017

Apple and Samsung face again in the Courts

If you regularly follow the technological current, you will surely remember the endless struggle between Apple and Samsung in the courts. For several years Samsung was ordered to pay 930 million dollars for infringing several patents of Apple , a figure that after appealing on numerous occasions managed to reduce to 548 million dollars.

However, the South Korean company has not stopped appealing again and again in order to avoid payment or to reduce the figure even more, since having to spend so many millions of dollars would be a serious blow. Well, when it seemed that this fight between Apple and Samsung in the Tribunals had come to an end, we have learned that more than five years later the trial has just started over again .

As we have said before, Samsung in its day managed to reduce the compensation that had to pay Apple from almost 1 billion to just over 500 million dollars . This was due to a Supreme Court ruling that the assessment of damages for infringing these Apple patents should be applied to the components individually rather than to the total device. But now what has happened to get everything back to the beginning?

The Apple and Samsung lawsuit over patent infringement seems to have no end

The South Korean company has now seen how the US Court of Appeals has brought the case back to its home court for sentencing . And if this ruling does not like one of the parties, in this case Samsung or Apple, it would have to start a new process that, hopefully not, could be extended another five years.

It seems that Apple and Samsung are playing the classic Game of the Goose and have fallen in the box of death, as they will have to return to the starting box with the trial on the issue of patent infringement by South Korea . The United States Court of Appeals has recently issued an order related to Apple's case against Samsung for patent infringement, in which it says it is returned to its home office.

This seat is none other than the Court of the Northern District of California . Now it is again in the hands of this court to resolve this lawsuit between Apple and Samsung, which could lead to a new trial for damages.

Apple requests that the review be continued, while Samsung has requested that the case be referred to the district court for a new trial for damages. For this reason, the US Court of Appeals has referred the case to the district court for judgment and whether to include a retrial.

Why should you pay Samsung exactly?

We have already said that Samsung received "good news" from the Supreme Court of the United States, which reduced the amount that had to pay almost half Samsung , which the company agreed to pay in 2015 . This is because the Court considered that damage calculations should be made on the basis of components infringing patents individually rather than on total devices.

The dilemma of this whole affair is whether Samsung must pay Apple for damages for infringing several patents based on the total sales of the devices sold or on the basis of the individual parts of these devices that infringe the patents. For Samsung would be better the second option, since if they are based on the total sales of the devices the fine would be much higher.

However, as it could not be otherwise Apple prefers the first option, and not only that, claims that for five years Samsung has not provided any convincing evidence to contradict its opinion on the so-called "article of manufacture."

Now just wait and see what happens with this new step in Apple's lawsuit against Samsung for patent infringement. Judge Koh could initiate a new damages trial to try to get a test that identifies that article of manufacture and then apply it to Apple's claim.

Even so, Samsung seems not to be scarce, as according to latest information could re-innovate copying the Apple AirPods . Not to mention that probably the next generation of the Galaxy Samsung eliminate the connector of headphones just like Apple has done in the iPhone 7 and 7 Plus.

Via | MacRumors

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