UPDATE 1-Apple, Samsung retrial kicks off over patent damages

Dan Levine
Wednesday, 13 Nov 2013 | 2:14 PM ET

SAN JOSE, Calif., Nov 13 (Reuters) - An Apple attorney on Wednesday said Samsung Electronics should pay $379 million for violating patents on the iPhone, as a damages retrial between the two mobile giants got underway.

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

However, in March U.S. District Judge Lucy Koh ruled the previous jury had made some errors in its calculations impacting about $400 million of the verdict. She ordered a retrial of that portion of the original award.

In a San Jose, California federal court on Wednesday, Apple attorney Harold McElhinny said Samsung had sold about 10.7 million phones that infringe Apple's patents, generating $3.5 billion in revenue.

"Who says patent infringement doesn't pay," McElhinny told the eight member jury during his opening statement. Apple was entitled to be made "whole," he said.

However, Samsung attorney William Price said the South Korean company should only have to pay $52 million, which is "not a trivial amount."

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

Samsung manufactures phones that use the Android operating system, which is developed by Google.

The case in U.S. District Court, Northern District of California is Apple Inc vs. Samsung Electronics Co Ltd, 11-1846.

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