The Samsung vs. Apple retrial started this morning, kicking off the next chapter in what has become the most storied, and obnoxious, technology legal tussle in recent memory. An initial judgement of over $1 billion was cut nearly in half when Judge Lucy Koh — who is preceding over this latest trial as well — deemed the jury hadn’t adequately explained why they awarded such damages.
While this is a continuation of the ongoing legal war the two companies are waging against each other around the world, and circles around design concepts and intellectual property. Apple claims that Samsung blatantly copied their designs, while Samsung is arguing that those designs aren’t Apple’s to keep proprietary. In the last trial, internal documents from Samsung very openly stated that their devices needed to “look more like” Apple products. Apple, however, will need to prove they have been damaged by the alleged copycat tactics Samsung has been alleged to engage in.
That’s not going to be easy. Samsung operates on a wholly different system, and dominates it. While Android may be considered to have copied iOS — which is another matter altogether — Apple will have to prove that customers went with a copycat device regardless of operating system preferences. Samsung is also fighting sales bans across the globe in regard to several of their devices which have been deemed to encroach on various Apple patents.
This retrial isn’t expected to be the end of the road, though. As arguments between the two companies rage on in courtrooms across the globe, this case is expected to simply set a precedent moving forward. Experts believe that the verdict in both trials will only push the matter to the supreme court, and bring some calm to the muddy waters surrounding FRAND rulings and design litigation. While we don’t expect this trial to be as sensational, we do expect it to be a stepping stone to a solution that, regardless of outcome in this case, the industry needs.
VIA: Android Authority