Samsung had objected to the size of the design patent portion of the existing penalty, which had been determined by how much profit it had made from selling the handsets. This will be the third court appearance over the same five design infringements.
Apple's main thrust is that it has lost revenue on whole iPhones because consumers could have taken a shine to Samsung's phone, the patented parts of which it had copied from Apple.
But senior director of design at Apple Richard Howarth argues Samsung "blatantly ripped off" the iPhone's design with its early Galaxy phones. The retrial before before US District Judge Lucy Koh in San Jose, California, isn't about whether the South Korean company infringed its rival's patents - jurors will be told Apple has won on that count.
Samsung was found to have infringed upon a few of Apple's key design patents for the iPhone.
The fourth episode of this case revolves around clarifying the definition of 'article of manufacture', that is whether the contents of the patents apply to the whole phone. Samsung's lawyer John Quinn said in court that Apple is seeking profits on the entire phone and that the company's patents are "narrow", reiterating that the award should be limited to the specific components of those devices that were found to infringe on Apple's patents. Samsung, meantime, has requested the jury to restrict damages to $28 million. The original jury in 2012 awarded $1.049 billion for infringement of Apple design and utility patents and for trade dress dilution. However, Apple is pushing three design patents for the $1 billion pot.
An article of manufacture is a patent term that describes the product. In December 2016, the Supreme Court decided that the case should return to court after ruling it was unfair on Samsung to take all its profits on $3.3 billion in sales.
The American tech giant's lawyer argued in court that though the design aspects in question only address the iPhone at a cosmetic level, they are still key features of the Apple brand.
Apple is claiming that Samsung should pay over $1 billion for ripping off its patents, which Samsung says is a gross exaggeration. "Moreover, in the seven years of this litigation, Samsung has never produced sales data showing the number of white phones that Samsung sold", Koh ruled last month.Apple, meanwhile, will argue that the iPhone is "indivisible" from its revolutionary design.
The eventual design embodied what Apple wanted.
That sum was reduced to about $400m after the first retrial and other legal efforts by the Galaxy smartphone-maker. "Without the graphical user interface one could not operate the product or access any of its other features", she states in written testimony.
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