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Apple Vs Samsung 2013.......an update

Written by Rehana Ali on 06 March 2013

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The leaders in the Smartphone market are still at war with each other, a war which Samsung is reportedly winning since last year. The companies currently have ongoing legal cases worldwide including cases in the UK, Australia, Germany, Japan and the home of Samsung, South Korea.

2012 was the year for the biggest of the legal fights between the companies to date, In the US case Apple succeeded in convincing a jury that Samsung had infringed its iPhone and iPad patents. A judge in the US has recently ordered that a previous 1 Billion dollar award in damages to Apple is to be reduced by 40% and a new trial date is to be set to reassess the damages. The award is being cut due to the judge claiming that the jury that originally awarded the Billion dollar payout to Apple had inaccurately calculated part of the damages.

There has been a lot of recent criticism on the practice of juries calculating damages in patent disputes by IP specialists in the UK, as it is well known that the law surrounding patents is extremely complex. It has already been acknowledged that jurors that have to sit through days legal hearings listening to complicated technical data are likely to become somewhat lost, a point that has been proved by the setting of a new trial date in the US trial to recalculate damages.

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