Samsung on new trial for copying Apple iPhone

  • 24/10/2017
In an attempt to expand their OLED screen production Samsung have said to invest another 6 billion Euros to double capacity. Apple is said to bring out phones with the Samsung made OLED screens in 2017. (Photo by Jaap Arriens/NurPhoto via Getty Images)
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A US judge has ordered a new trial to determine how much Samsung Electronics should pay Apple for copying the look of the iPhone.

US District Judge Lucy Koh in San Jose, California issued an order late on Sunday, 10 months after the US Supreme Court set aside a US$399 million (NZ$572 million) award against Samsung for mimicking the iPhone's look for its Galaxy and other devices.

The Supreme Court said damages could be based only on parts of a device that may have infringed patents, not necessarily the entire device.

Judge Koh said the jury instructions at the Apple-Samsung trial "did not accurately reflect the law" and may have prejudiced Samsung by preventing jurors from considering whether any infringement covered "something other than the entire phone".

The US$399 million is part of a US$548 million payment that Samsung already made to Apple.

Apple had argued that no new trial was warranted, and that the $US399 million award should be confirmed. It did not immediately respond on Monday to requests for comment.

Samsung, in a statement, said it welcomed Judge Koh's order.