Apple’s seemingly endless fight with Samsung over smartphone patents is headed back to court once again, Foss Patents reports. A ruling handed down by the U.S.
Supreme Court last year holds that Samsung isn’t on the hook for its full profits from smartphone sales just because it infringed on some of Apple’s patents, but doesn’t make clear what portion of the profits should go to Apple or how that should be decided. U.S.
District Court Judge Lucy Koh has ordered both sides back to court and put the burden on Apple to prove it should be allowed to keep the $399 million award from 2016 given the new ruling. Koh wrote that since an entire Samsung phone is no longer the “article of manufacture,” jurors in the new trial will have to “identify the ‘article of manufacture’ to which the infringed design has been applied” and then “calculate the infringer’s total profit made on that article of manufacture.”
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