BACK IN 2011, Apple sues Samsung for copying its iPhone designs. Now, a jury in San Jose, California, will once again review the arguments to make a decision on the final damages costs to be paid by Samsung.

This is the third time the five patents in question have been looked at since the dispute began seven years ago. Originally, Samsung were charged $1.05 billion (USD) but was dismissed after an error in the jury’s calculations was found. In 2013, a retrial found Samsung liable to pay $290 million but Samsung took the trial to the US Supreme Court, claiming that damages from a single design patent could not influence a product’s profits.

The Supreme Court agreed with Samsung in 2016, leading up to the most recent trial.

The jury will decide on a final cost, but no discussion on whether or not laws were infringed will be had. The jury will have to determine what the relevant article of manufacture is and recalculate based on its findings. For Samsung, this is good news because it could mean an even lower award than the $400 million. However, Apple may still be able to convince the jury that the devices would not have been marketable without the infringing designs and therefore the phones as a whole should be considered the relevant article.

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