Jury tells Samsung to pay big for copying iPhone design

In this file photo taken on September 02, 2015 people sit in front the logo of South Korean electronics giant Samsung ahead of the opening of the 55th IFA (Internationale Funkausstellung) in Berlin. (AFP)
Updated 25 May 2018
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Jury tells Samsung to pay big for copying iPhone design

SAN JOSE: A federal court jury on Thursday ordered Samsung to pay Apple $533 million for copying iPhone design features in a patent case dating back seven years.
Jurors tacked on an additional $5 million in damages for a pair of patented functions. The award appeared to be a bit of a victory for Apple, which had argued in court that design was essential to the iPhone.
The case was keenly watched as a precedent for whether design is so important that it could actually be considered the “article of design” even in a product as complex as a smartphone.
“We don’t think it is supported by the evidence,” Samsung attorney John Quinn told US District Court Judge Lucy Koh after the verdict was read in her courtroom in Silicon Valley.
“We have every concern about the determinations about the article of manufacture.”
Quinn declined an offer by the judge to send jurors back for further deliberation, saying Samsung would pursue post-trial motions to address its concerns about the verdict.
Juror Christine Calderon said the panel agreed that one of the design patents — the grid of colored icons — did represent the whole phone, while the other two at issue in the trial were seen as the display assembly that gave the iPhone its look.
She compared it to the Mona Lisa: “you use the paint, but it is not the article of manufacture.”
“I had to really think about it,” the 26-year-old Calderon, a technical writer, said after Koh dismissed the jury.
“We kind of felt like we ended up at a happy medium.”

$400 million damage award

The case had been sent back to the district court following a Supreme Court decision to revisit an earlier $400 million damage award.
Apple reasoned in court that design was so integral to the iPhone that it was the “article of manufacture” and worth all the money Samsung made by copying the features.
The lower figure sought by the South Korean consumer electronics titan would have involved treating the design features as components.
The jury had been asked to determine whether design features at issue in the case are worth all profit made from Samsung smartphones that copied them — or whether those features are worth just a fraction because they are components.
Apple argued in court that the iPhone was a “bet-the-company” project at Apple and that design is as much the “article of manufacture” as the device itself.
The three design patents in the case apply to the shape of the iPhone’s black screen with rounded edges and a bezel, and the rows of colorful icons displayed.
Samsung no longer sells the smartphone models at issue in the case.
Two utility patents also involved apply to “bounce-back” and “tap-to-zoom” functions.
An original trial finding that Samsung violated Apple patents preceded a lengthy appellate dueling over whether design features such as rounded edges are worth all the money made from a phone.

Forfeiture of all profits

Samsung challenged the legal precedent that requires the forfeiture of all profits from a product, even if only a single design patent has been infringed.
The US Supreme Court in 2016 overturned the penalty imposed on the South Korean consumer electronics giant.
Justices ruled that Samsung should not be required to forfeit the entire profits from its smartphones for infringement on design components, sending the case back to a lower court.
“Today’s decision flies in the face of a unanimous Supreme Court ruling in favor of Samsung on the scope of design patent damages,” the South Korean company said in response to an AFP inquiry.
“We will consider all options to obtain an outcome that does not hinder creativity and fair competition for all companies and consumers.”
Apple did not respond to a request for comment.
The key question of the value of design patents rallied Samsung supporters in the tech sector, and Apple backers in the creative and design communities.
Samsung won the backing of major Silicon Valley and other IT sector giants, including Google, Facebook, Dell and Hewlett-Packard, claiming a strict ruling on design infringement could lead to a surge in litigation.
Apple was supported by big names in fashion and manufacturing. Design professionals, researchers and academics, citing precedents like Coca-Cola’s iconic soda bottle.
The case is one element of a $548 million penalty — knocked down from an original $1 billion jury award — Samsung was ordered to pay for copying iPhone patents.


Oil up on OPEC uncertainty regarding production levels

Updated 54 min 11 sec ago
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Oil up on OPEC uncertainty regarding production levels

  • Saudi Arabia and Russia are in favor of raising output. Other OPEC-members including Iran have opposed this, resulting in a flurry of backdoor diplomacy ahead of the meeting
  • Phillip Futures said in a note that it expected “an approximate 300,000–600,000 barrels per day (bpd) hike by Saudi Arabia and Russia collectively”

SINGAPORE: Oil prices rose by around 1 percent on Friday, lifted by uncertainty over whether OPEC would manage to agree a production increase at a meeting in Vienna later in the day.
Brent crude oil futures were at $73.78 per barrel at 0502 GMT, up 73 cents, or 1 percent, from their last close.
US West Texas Intermediate (WTI) crude futures were at $66.26 a barrel, up 72 cents, or 1.1 percent.
The Organization of the Petroleum Exporting Countries (OPEC), a producer group with top exporter Saudi Arabia as the de facto head, is meeting together with non-OPEC members including No.1 producer Russia at its headquarters in the Austrian capital to discuss output policy.
The group started withholding supply in 2017 to prop up prices. This year, amid strong demand, the market has tightened significantly, pushing up crude prices and triggering calls by consumers to increase supplies.
Saudi Arabia and Russia are in favor of raising output. Other OPEC-members including Iran have opposed this, resulting in a flurry of backdoor diplomacy ahead of the meeting.
“The actual decision by OPEC and its partners — which may not actually become apparent until Saturday — is the big one traders are watching,” said Greg McKenna, chief market strategist at futures brokerage AxiTrader.
Phillip Futures, another brokerage, said in a note that it expected “an approximate 300,000–600,000 barrels per day (bpd) hike by Saudi Arabia and Russia collectively.”
US investment bank Jefferies said an increase in “the range of 450-750,000 bpd seems the most likely outcome” of the meeting, driven largely by Russia and Gulf OPEC members Saudi Arabia, the United Arab Emirates and Kuwait.
Jefferies said these increases “would essentially offset Venezuelan declines and falling Iranian exports,” but the bank warned that global “spare capacity could fall globally to around 2 percent of demand – its lowest level since at least 1984.”
That would leave markets prone to supply shortages and price spikes in case of large, unforeseen disruptions.
The other big uncertainty is potential Chinese tariffs on US crude imports that Beijing may impose in an escalating trade dispute between the United States on one side and China, the European Union and India on the other.
Asian shares hit a six-month low on Friday as tariffs and the US-China trade battle start taking their economic toll.
Should the 25 percent duty on US crude imports be implemented by Beijing, American oil would become uncompetitive in China, forcing it to seek buyers elsewhere.
Chinese buyers are already starting to scale back orders, with a drop in supplies expected from September.
“If China’s import demand dries up, more than 300,000 bpd of US crude will have to find a new destination,” energy consultancy FGE said.
“This will certainly depress US Gulf Coast prices,” it said.