Apple, Samsung retrial kicks off over patent damages

Wed Nov 13, 2013 4:00pm EST
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By Dan Levine

SAN JOSE, California (Reuters) - Apple squared off against Samsung Electronics at a damages retrial on Wednesday, as the iPhone maker once again tries to secure a legal victory against its biggest mobile rival.

Apple attorney Harold McElhinny told jurors in a San Jose, California federal court that Samsung should pay $379.8 million for violating five patents on the iPhone. Samsung attorney William Price, meanwhile, said Samsung should only have to pay about $52.7 million.

Apple and Samsung are engaged in global litigation over each other's intellectual property. Last year, Apple was awarded over $1 billion after it convinced a jury that Samsung copied various iPhone features - like using your fingers to pinch and zoom on the screen - along with design touches like the phone's flat, black glass screen.

Last year's verdict was a high point in Apple's legal war on Google's Android operating system, which Samsung uses on its phones. U.S. District Judge Lucy Koh in San Jose then rejected Apple's request for a permanent ban on the sale of some Samsung products in the lucrative U.S. market. Apple has appealed that decision.

Then, in March, Koh ruled that the previous jury had made some errors in its calculations, impacting about $400 million of the verdict. She ordered a retrial of that portion of the original award.

In court on Wednesday, McElhinny said Samsung had sold about 10.7 million phones that infringe Apple's patents, generating $3.5 billion in revenue. Apple was entitled to be made "whole," he said in an opening statement.

Just a minute into his presentation, McElhinny invoked Apple's iconic founder, Steve Jobs, with a video of Jobs unveiling the iPhone back in 2007. McElhinny asked the six-woman, two-man jury to remember when the iPhone's signature features were brand new, and the business risk Apple had taken to develop the product.

"If Apple had invested all that time and money and product had not worked, it would have been a major blow," McElhinny said.   Continued...

A man is silhouetted against a video screen with Apple and Samsung logos as he poses with a Samsung Galaxy S4 in this photo illustration taken in the central Bosnian town of Zenica, August 14, 2013. REUTERS/Dado Ruvic