Samsung v Apple: the next chapter
Written by Ellis Sweetenham on 07 December 2016« Return to Reading Room
The next saga in the Samsung v Apple battle, in relation to the calculation of damages.
A battle between two tech giants seem to be coming to an end.
However, the sticking point in this foreseeable end is damages.
Damages are awarded to the successful party in a claim and come in the form of financial compensation.
The last decision in the Samsung v Apple saga held that Samsung was found to have infringed a patent owned by Apple, mainly for the rectangular front with rounded edges. This led to an injunction prohibiting the sale of Samsung’s Galaxy Tab 10.1.
Samsung asked the court to clarify how damages are payable.
Can they be based on just the component of the product that has been infringed or are they to be based on the product as a whole?
As the case is based in the US, the US Supreme Court has handed their decision and they have stated that the damages should be calculated on the component at issue, not the whole product.
This will throw the Samsung/Apple damages calculation out of the window and will prompt the case to rubble on a bit further.
It will be interesting to see how the damages will be recalculated and the impact it will have on further cases. Watch this space!
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