Benjamin Appelbaum, Attorney at Law

Samsung heads to court again in patent infringement case

New Jersey residents who have been following the long court battle between Samsung and Apple might be interested in learning that the two companies will again head to court for a retrial on damages in Apple's patent lawsuit win. The original patent infringement lawsuit was filed by Apple against Samsung in 2011, and a jury awarded a verdict in Apple's favor in 2012 in the amount of $1.02 billion.

Samsung reportedly infringed on Apple's patents with its Galaxy products. Samsung had appealed the trial court's findings up to the Supreme Court of the United States. In 2016, the Court returned the case to the trial court with an order that allowed Samsung to retry that amount of damages.

Samsung is arguing that the jury should consider only the profits that the company made from the actual infringed-upon design instead of the profits from the phones themselves. Apple is expected to argue that the jury should take a holistic view of the phones when determining damages.

Major cases involving intellectual property litigation may involve hundreds of millions of dollars. Companies aggressively act to protect their patents from infringement. When others infringe upon their patents, the companies that hold the intellectual property rights to the patented designs or materials may lose substantial amounts of money. Businesses that believe that their intellectual property has been infringed might want to seek advice from experienced attorneys who can litigate on behalf of their clients in an effort to recover maximal damages from the infringing parties. They might also work to secure injunctions from the court that direct the infringing parties to immediately cease their use of the stolen intellectual property.

Source: Bloomberg, "Samsung tries to chip away at Apple's iPhone patent award", Joel Rosenblatt, May 14, 2018.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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