Dinn, Hochman & Potter, LLC

Samsung and Apple in infringement battle

Samsung and Apple are embroiled in a patent fight potentially involving over a billion dollars in damages. Their attorneys were set to present their opening statements on Nov. 13 in a California courtroom. The case involves determining what amount of money Samsung will owe Apple for allegedly copying their essential iPad and iPhone features in products that are widely used by consumers in Ohio and around the world.

Apple had been previously awarded $1.05 billion by a jury after it was determined that Samsung was guilty of infringing upon six of Apple's patents involving 26 Samsung products. A judge later discovered a miscalculation by the jury involving $400 million worth of damages involving 13 products and ordered a new trial for the determination of damages. Those damages could be substantially higher or lower than what was originally ordered.

Acrimonious legal struggles have ensued around the world between Apple and Samsung as they battle it out for domination of the $300 billion plus smartphone market. Both have won or lost several legal battles during the past few years. With this most recent trial, analysts are predicting that the litigation could continue for many months. It is likely that the ultimate decision will be appealed.

Litigation battles over the rights to patents and other forms of intellectual property can be long and expensive, and owning and operating a business can be challenging enough without having to deal with these types of issues. Business owners and entrepreneurs who find themselves involved in business litigation may be able to use the help of a business law attorney in resolving the dispute.

Source: Yahoo, "Testimony to begin in Apple-Samsung patent trial", Paul Elias, November 13, 2013

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