Samsung Owes Apple an Additional $140 Million, Says Jury in 7-Year Patent Case

Apple’s win last week against Samsung in its long-running patent infringement case shows “a growing consensus on how district courts will instruct juries regarding design patent damages,” blogged patent litigation law firm Fitzpatrick. That followed a jury’s determination in the U.S. District Court for the Northern District of California that Samsung owes Apple $140 million more in the seven-year case. The district court instructed the jury to consider four factors, said Fitzgerald: (1) the scope of the claimed design, including the drawings and written description provided by the design patent; (2) the relative prominence of the design within the infringing product as a whole; (3) whether the design is conceptually distinct from the product as a whole; and (4) the physical relationship between the patented design and the rest of the product, including whether the design pertains to a physically separable, separately sold, or separately manufactured component. Apple was awarded $399 million in 2012 after Samsung was found liable for copying patented Apple smartphone features, but a retrial was allowed due to a disagreement over damages. In December 2016 (see 1612060061) the Supreme Court ruled for Samsung, saying a federal appeals court had to further reduce damages Samsung owed after it lost the 2012 lawsuit. In its appeal, Samsung claimed the Federal Circuit erred in saying it owed damages on the total profit gained from an infringing device instead of the value of the infringing components. Last week’s jury award brings the total to $539 million that Samsung owes Apple for patent infringement. “Today’s decision flies in the face of a unanimous Supreme Court ruling in favor of Samsung on the scope of design patent damages,” said Samsung in a statement. “We will consider all options to obtain an outcome that does not hinder creativity and fair competition for all companies and consumers.” Apple, meanwhile, said: "We believe deeply in the value of design, and our teams work tirelessly to create innovative products that delight our customers. This case has always been about more than money. Apple ignited the smartphone revolution with iPhone and it is a fact that Samsung blatantly copied our design.”