Samsung Electronics has requested a retrial on the US court’s recent verdict that it compensate US$539 million for infringing Apple’s smartphone design patent.
Samsung Electronics revealed on June 12 that it had filed for a retrial to reduce the amount of compensation determined by the jury of the San Hose Federal Court last month. The company argued in its 34-page retrial motion that US$539 million (approximately 580 billion won) was excessive and that evidence was also lacking.
The main issue of the trial is the scope of the ‘manufactured goods’ where the design patent can be applied. The company that infringes a design patent must compensate the counterpart company for profits. Apple has argued that the entire smartphone is included in the manufactured goods. On this, Samsung Electronics has been arguing that the manufactured goods is only a part of smartphone components. In addition, Samsung Electronics requested a refund of US$146 million (approximately 157.9 billion won) for its compensation for the touch screen patent which was judged as invalid.
The lawsuit between Samsung Electronics and Apple began in 2011. The US court ruled that Samsung Electronics infringed Apple’s design patent. Henceforth, the fight continued on the amount of compensation. Apple demanded US$1 billion in compensation and the amount decreased to US$548 million through trials.
Samsung Electronics appealed to the US Supreme Court that part of the compensation for infringing design copy rights was an unfair calculation. The Supreme Court reversed and remanded the appeal that the basis upon which the calculation was made was unreasonable. In the May 24 trial, the court accepted the jury’s decision that "the design patent takes up a substantial amount of product value" siding with Apple and calculated a compensation of US$539 million.