Samsung is challenging the amount it has been ordered to pay for copying features from the iPhone

Apple and Samsung back in court over patent dispute

The latest legal bout between Apple and Samsung has kicked off as a damages retrial in California gets underway.

Apple attorney Harold McElhinny told jurors in a San Jose, California federal court that Samsung should pay $379.8m (£237.3m) for violating five patents on the iPhone, while Samsung attorney William Price, said Samsung should only have to pay about $52.7m.

Apple and Samsung are engaged in global litigation over each other's intellectual property. Last year, Apple was awarded over $1bn after it convinced a jury that Samsung copied various iPhone features – such as using your fingers to pinch and zoom on the screen – along with design touches such as the phone's flat, black glass screen.

Last year's verdict was a high point in Apple's legal war on Google's Android operating system, which Samsung uses on its phones. US District Judge Lucy Koh in San Jose then rejected Apple's request for a permanent ban on the sale of some Samsung products in the lucrative US market. Apple has appealed that decision.

In March, Koh ruled that the previous jury had made some errors in its calculations, impacting about $400m of the verdict. She ordered a retrial of that portion of the original award.

In court yesterday, McElhinny said Samsung had sold about 10.7 million phones that infringe Apple's patents, generating $3.5bn in revenue. Apple was entitled to be made "whole", he said in an opening statement.

Just a minute into his presentation, McElhinny invoked Apple's iconic founder, Steve Jobs, with a video of Jobs unveiling the iPhone back in 2007. McElhinny asked the six-woman, two-man jury to remember when the iPhone's signature features were brand new, and the business risk Apple had taken to develop the product.

"If Apple had invested all that time and money and product had not worked, it would have been a major blow," McElhinny said.

However, Samsung attorney William Price said $52m is "not a trivial amount" for Samsung to pay.

While Samsung violated some Apple patents, Price said, those ideas were not new. Apple should not be rewarded with a windfall damages award based on the 13 Samsung products at issue during trial.

"Apple is simply asking for much more money than it's entitled to," Price said.

The two technology giants are embroiled in a series of legal challenges across the globe. In August the Obama administration overturned a US trade panel's import ban on some older iPhones and iPads after complaints from Samsung, but then upheld a US ban on the import and sale of some Samsung devices.

Earlier in the year, Apple also won a patent infringement lawsuit brought by Samsung in a UK court.

The latest trial is expected to last about a week, with jury deliberations to follow.

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