Apple wants Samsung’s appeal thrown out in Apple vs Samsung patent case

by: Kris CarlonFebruary 5, 2016
1.2K

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Cast your mind back to the prehistoric tech days of 2012, when Apple was awarded a significant victory over Samsung in a high-profile patent dispute. With a ruling of $1 billion in Apple’s favor, Samsung repeatedly appealed the decision and eventually whittled that figure down to the $548 million settlement it finally paid Apple in December 2015. But the story is not yet over, not by a long shot.

Even before the settlement payment, Samsung had filed papers to take the case to the Supreme Court under appeal, claiming the jury was ill-informed about the complexities of patent law. At the time, Samsung’s appeal was rejected, but no sooner had Samsung paid Apple than it filed a new appeal to the Supreme Court to have the verdict overturned and the money returned as part of a larger demand to have the patent law system reviewed and updated for modern times.

PatentsLogoMarketlandSee also: Samsung demands patent law review, thinks the system is “antiquated”26

Perhaps not surprisingly, Apple has now urged the Supreme Court to ignore Samsung’s latest appeal and let sleeping dogs lie, claiming Samsung has “had its day in court – many days, in fact”. Naturally, Apple wants this whole thing to be over; after all, it got its money and won a substantial victory over its arch-rival. But Samsung has some pretty high profile supporters.

While Apple might be against the appeal – which could potentially see its favorable 2012 verdict overturned – Google, Facebook, Dell, eBay and HP, among others, have all thrown their support behind Samsung’s request. The case is not so much about Samsung and Apple now than about how patent law is understood more than 120 years after its last revision and how damages are awarded in patent infringement cases.

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The prime target of the dispute is the contentious “total profit” rule whereby all profits made by a product found to infringe on a patent can be awarded to the patent holder. That means if a smartphone with a quarter million patents involved in its production is found to infringe on even one of them, all of the money made from that device can go to the holder of that patent. As Samsung rightfully notes, when the patent law system was instituted, a product might only require one patent.

According to Samsung, the complexity of modern electronic products demands a review of patent law and the way that damages are awarded in patent cases. Samsung’s response to Apple’s rejection of its appeal states that “if the legal precedent in this case stands, innovation could be diminished, competition could be stifled, and opportunistic lawsuits could have negative effects throughout the U.S. economy.”

Who do you think will win? How do you think patents should be handled for modern devices?

  • Timothy Lim

    When Apple got sued, and was required to pay about roughly the same amount for patent violations, they appealed it and said that this system is incredibly flawed.

    BUT, When Apple is the one sueing, the whole thing turns 180, and they now want to reject/prevent Samsung from Making an appeal that passes through ?

    They are really Massive hypocrites on all accounts.

  • Modman

    Apple steals from everyone and their mother but God for bid if anyone ever steals from them. They are killing innovation and I zombies will follow them to the dawn of time blindly. I don’t like Samsung either. However Samsungs billions have kept Android alive and protected it from pathological Liar Steve Jobs, thermo nuclear war. If Android dies innovation will die with it. Calling Android a stolen product is a lie. He knows his company never created everything. He made the mantra good artists borrow great artists steal. He was a huge hypocrite. And the new apple CEO is still doing the same thing. Jobs copied the LG Prada phone and Android and has the nerve to call Android a stolen product. Apple Another-Pathetic-Patent-Lawsuit-Emerges. All true Android fans keep the operating system you love alive and innovation alive. Vote with your wallet. Don’t buy anything from apple. And if you have anything sell it and get rid of it. Apple is a cult. There is nothing amazing about their overpriced overspecced products.

    • Dowoot

      Wait they didn’t take Google to court, it has nothing to do with Android.

      • Google probably won’t play nice with Apple, if they suddenly decided to pull their services off their products apple would be screwed.

        • Sherpa

          I’m sure people can find alternatives to GMail and Google Maps (which are two of the mostly used Google apps).

          • Using a windows phone off an on, dealing with the absence of Google Services sucks.

          • Scr-U-gle

            Brandon is a drone, he can only use google because it is the only email service in existence. They originated the email don’t you know, before hotmail, yahoo mail and before Apple mail didn’t you know? Even thought these services existed before Google existed, Google originated everything after everyone else created them in the first place.

          • Modman

            IPhone is a copy of lg Prada. IPhone lags like shit and it is shit just like you. You support an american company that has technology from ten years in the past. Go bone your openly gay CEO boyfriend Tim Cook. Android is the most popular mobile os everywhere but the us because peoples intelligence level is way below average and you are living proof.

          • Scr-U-gle

            Yawn, when you have a single fact, come back, until then keep pretending that the iPhone has lag like the best androne device.

            For someone who claims to ‘know what they are talking about, you really are a know-nothing-winkle-bag!

        • Scr-U-gle

          Again, you really do make up some nonsense.

          Google paid $1,000,000,000 to Apple to be in the search bar by default.

          More money is spent online via iOs than any other device, the value of advertising to Apple users is higher than drones and softies put together.

          Google need Apple more than Apple needs Google, you are just stuck behind Googles walled garden, you need to stick your head over the wall instead of acting like the good little drone you are.

          • Calm down fanboy, I’ve used smartphones where googles services don’t exist, it kinda sucks.

          • Scr-U-gle

            Claim down burger flipper, I use no Google service and never have any issue, I get no ads served, I keep my privacy, I don’t have malware issue, and my five year old 4s still works flawlessly unlike the S6 or Note 5/every Nexus device. No stutter, software updates that are seamless.

            And best of all, if I take a landscape picture, I just rotate the phone to the landscape position and the landscape image fills the screen.

            No I do not want to go large, I can write it in landscape and show you if you want!

          • Modman

            Boy are you dumb. I don’t need iTunes to setup my phone. Heil Hitler! I mean Tim Cook.

          • Scr-U-gle

            I guess you don’t need updates or security or privacy or an original product!!!

            Google Sooner phone for the win!
            Oh that’s right, that was a terrible idea, just copy the iPhone.

            Now wasn’t it Scr-U-gles CEO who quotes nazi propaganda in defence of Brin and Pages’ policies, why yes it is.

            Looks like you still don’t have a clue, now get me my fries and Sprite.

          • Modman

            Apple never invented anything they copied the LG Prada. It’s clear you enjoy being boned up the ass by Tim Cook. I am not stupid enough to spend a thousand dollars on a phone with no options. You are in Android territory and you are not wanted here. You have a avatar of a little girl. I don’t waste my time on apple blogs like retards like you. Apple has absolutely nothing to offer to people who can think for themselves. I am a programmer but you are programmed by apple, because ios is like a bike with training wheels for pussys like you.

          • Scr-U-gle

            You have a lot of thoughts about homosexual acts, hiding much?

      • Modman

        And I’m George Washington.

        Google makes software not hardware.

        What planet are you from? Your avatar is a star trek teleporter.

        An attack on any oem is an attack on Android.

        • Dowoot

          Uh BS Samsung is immaterial to Android. There are thousands are other devices that use android, Samsung is just a drop in the ocean. Oh and Google itself doesn’t make hardware but it has its own Android Device line dipshit. Sumsung versions of android are so bastardised and bloated they don’t even compare.

          • TheWay2005

            I think are talking about the old Samsung, they’re no denying Galaxy S7 will destroy every smartphone in the market

          • Modman

            You are the dipshit. Samsung is the face of Android to nontech users. They’ve defended it legally. I use Nexus devices exclusively. Google unfortunately isn’t defending the rights for Android tablets to be rectangular and have rounded edges. But Samsung has and still is fighting in us patent court. That’s why I have a love hate relationship with Samsung.

          • Dowoot

            U have no idea what u on about. And hey, I use nexus devices exclusively too *round of applause*

          • Modman

            Yeah Nexus Rules! But seriously Samsungs wins in court benefit Android as a whole. You really don’t understand patent law do you?

          • Dowoot

            Samsung’s win would benefit all non iOS devices not just android in particular, which is why I am saying its not about android.

          • Scr-U-gle

            Do not only are you now a tech pro but a patent lawyer as well. What a twat!

            Three star on your name badge at Mcdonslds does not make you an expert in anything numb nuts.

    • You mean overpriced, underspecced products.

      • Modman

        Yep thanks

      • Scr-U-gle

        That’s why every drone device for you ‘bots is smashed by every iPhone every year regardless of how many cores or how fast the processors are meant to be!

        Funny isn’t it how drones can’t update after 18 months but iPhones get 60 months of updates!

        You over paid and got a stuttering under specc’d spyware device and boast about it.

        And no, I don’t want to go large.

        • Modman

          I don’t need it I use custom ROMs. You are retarded and your pea brain cannot comprehend that. I get an update every you month you don’t. You are stupid just face it.

          • Samrq

            Ignore the iCunt. He’s a retard who obviously fell for the iPhone meme and is trying to justify is mistake through criticizing other people.

          • Scr-U-gle

            Ah, poor little moRoid who bought an iphoney that can’t be support by suppliers after 18 months.

            Hocky roms, walled gardens,there is only one cunt here.

            What’s it like looking at landscape pictures in portrait? Maybe one day Scr-U-gle will copy supporting their devices, one day eh?!?

          • Samrq

            lol delusional cunt. Why are you so loyal to a brand? They don’t even know you exist you moron. Stop sucking corporate cocks and make something of your life. Pathetic zealots like you moaning and crying which phone brand is better crack me up.

          • Scr-U-gle

            Actually Apple do know who I am because I buy and sell Apple shares and make a shit load of money from them.

            Who the fuck are you, that’s right a know nothing closet queen who harps on about shit he doesn’t know about and comes with his pre-programmed responses.

            Keep telling yourself you are an expert, I’ll have a milkshake instead of the soft drink, and no, I do not want to go large

          • Samrq

            cry me a river iShill lol

          • Samrq

            write me an essay ill never read it kekekekekek

          • Scr-U-gle

            More like your flaky rom needs an update every month.

    • TheWay2005

      Easy on Steve Jobs without him everything you know about personal computer today wouldn’t exist including android

      • Modman

        Simply not true. Apple never invent anything and its a known fact.

      • Samrq

        You need to check your source (Jobs movie doesn’t count). Android OS was in dev long before iOS.

        • Scr-U-gle

          Google Sooner phone and G1 for the win! Oh wait, no copy’s iOS and the iPhone for the win!
          You need to do a bit of research, androne was a knock off Blackberry, then a knock off Nokia Symbian before it became an iphoney.

          Guess where Andy Rubin worked during the seven years that iPhone was being developed?

          And to use Eric Shits own words ‘we didn’t see that coming’ when the iPad launched.

          So Andy Rubin, Chris DeSalvo and Eric Shit all admit they copied Apple, but you know better.

          You are a very funny drone, no I do not want to go large!

          • Samrq

            Why are you so loyal to a brand? They don’t even know you exist you moron. Stop sucking corporate cocks and make something of your life. Pathetic zealots like you moaning and crying which phone brand is better crack me up.

          • Scr-U-gle

            Are you fucking joking? You are the biggest drone of them all.

            Just because you have no response to the facts you keep getting abusive, if you can’t take the licks, stop spooling for a fight, you will continue to make a twat if yourself.

          • Samrq

            cry me a river iShill $0.02 has been deposited to your apple account lol

          • Scr-U-gle

            Still nothing, it’s like you copy and paste the same responses continuously like a good little drone.

            Another innovation by Scr-U-gle, nah you can’t name one.

          • Samrq

            it’s amazing how much this bothers you HAHAHAHA!!! GOOGLE FTW! APPLE CAN SUCK IT!!!!!!

          • Scr-U-gle

            That’s googles bum chum Similarsung who have been caught doing that.

            Ps Google only allow staff to use Apple Macs, enjoy your designed on a Mac products.

          • Samrq

            it’s amazing how much this bothers you HAHAHAHA!!! GOOGLE FTW! APPLE CAN SUCK IT!!!!

          • Samrq

            cry me a river iShill lol

          • Scr-U-gle

            Copy, paste, good moRoid, now go away and troll you’re nonsense elsewhere.

            Why is it trailer trash think because they have nothing to say they are impelled to say any old tripe?

            how is your mother/sister?

          • Samrq

            it’s amazing how much this bothers you HAHAHAHA!!! GOOGLE FTW! APPLE CAN SUCK IT!!!!!!!!!!!!

    • Scr-U-gle

      Andy Rubin and Chris deSalvo have stated they copied the iPhone, and Samsung have admitted it as well. So what is your problem?

      Innovation by Google, you still haven’t come up with one example. I have seen your comments and asked you this for about three years and you still haven’t come up with one, I expect you to revert to type and start with the abuse.

      It would be nice if you could come up with one thing.

      Stolen Java libraries, stolen UI/UX, where is this ‘innovation’ you lot chatter about?

      • Modman

        All tech companies steal. Steve Jobs said good artists borrow great artists steal. But only apple is a whiny bitch like you, who can’t fight their own battles and compete but instead brings everyone to court. You are a computer illiterate zombie. You are a follower and not a leader. I don’t use the stock rom. Android is like a pc if I don’t like the operating system I can change it. But that is something your miniscule itard special education brain can’t comprehend. I use chroma rom which gets updates every month. I can repair my own phone. I’m not a retard like you who has to bring his phone in to the mother ship for a repair. 0 of my Android phone screens or phones have ever broken. How many times has your ifraud phone screen broken? 100. But stupid morons like you continue to blindly follow apple. You are the perfect example of how the school system in the US is failing. You are a living example. Don’t get me started on the new iPhone 53 error softbrick when the iPhone home button is missing and the phone wasn’t repaired by the Furor. Apple is a cult and you are one of a Billion blind brainwashed followers. Also there are thousands of Android oems. I like big phones so I use Nexus 6. Others like small ones like one plus x. When all the stubborn old farts pass off the scene so will apple. Android has a lot more lives than a cat. Steve Jobs and Apple will lose thermo nuclear war. Its all about choices. Android is not for the mentally challenged. Stick with ifraud.

        • Scr-U-gle

          Too long a mentally ill rant that I, and no one else will ever read.

          How’s that G1 or the Sooner phone doing?

      • Samrq

        a typical delusional iShill. Were you going to ignore Jobs’ quote “good artists copy, great artists steal”?
        Pathetic.

        • Scr-U-gle

          To quote Andy Rubin & Chris DeSalvo, ‘Android is so 90’s’, ‘we can’t launch that blackberry knock off’

          Still waiting for one of you to come up with one Scr-U-gle ‘innovation’.

          Next drone please! And no, I do not want to go large!

          • Samrq

            lol implying apple innovated anything. Comeback with better arguments boy.

          • Scr-U-gle

            I’m not implying, I am quoting Andy Rubin and Chris DeSalvo, the people who created and steered Androne from birth until they were fired for disagreeing with voice UI when SIRI launched a year before Google Now.

            And the moroids go silent….

          • Samrq

            Why are you so loyal to a brand? They don’t even know you exist you moron. Stop sucking corporate cocks and make something of your life. Pathetic zealots like you moaning and crying which phone brand is better crack me up.

          • Scr-U-gle

            Poor little drone with your copy and paste response.

            Nothing to say when actual facts are out in front of you.

            Keep pretending you have something to say, pathetic little drone.

          • Samrq

            cry me a river iShill lol

          • Scr-U-gle

            Is that another Google innovation? Still waiting to see one, am I asking too much, for one actual innovation.

            I have been patient, only been waiting 17 years for one.

          • Samrq

            it’s amazing how much this bothers you HAHAHAHA!!! GOOGLE FTW! APPLE CAN SUCK IT!!!!!!!!!!!!

          • Modman

            I don’t know. You tell me. Your leader Tim Cook is the biggest fag on earth. Stop embarrassing yourself and just admit you like being ridden by Timmy. When he says jump you say how high. You buy all his overpriced garbage I products like a good little sheep. Face it you are intimidated by better more innovative technology. You can’t think for yourself. But your Boyfriend Timmy is willing to think for you.

          • Scr-U-gle

            Knock knock, come out the closet, you can’t hide in there forever you know.

            You seem to have homosexual acts on the brain, that’s all you talk about unless you are regaling us with utter drone nonsense.

            Have you even seen that poorly made LG, looks like it came from a market stall. But I guess it’s your level, cheap shit and secret cottaging.

      • Goat Cheese

        It’s a known fact that Samsung copied the iPhone, just like they copied Macbook Air, iPod, iPad, Apple Watch,…

        • john made

          You mean apple copied Samsung and Sony with the smartwatch

  • Sivasarma Nallaikumaran

    Steve Jobs 1996: “Picasso had a saying — ‘good artists copy; great artists steal’ — and we have always been shameless about stealing great ideas.”🤔

    • Derpy Dimentio

      steve jobs is dead no one gives a shit

      • AAPL reality

        Yet the policy lives on in his company and their legal BS hurt the industry.

        • Derpy Dimentio

          Damn of all things to live on

        • Kody

          It’s a little too early in history to start saying that. For example if this law suit leads to copyright reform then it could be hugely beneficial to to tech developers.

  • HotelQuebec

    I’d like to see Apple go back to the 3.5″ iPhone 4 design and stop copying Samsung with phablets.

    • Modman

      Just stop using apple already. Android phones come in all shapes and sizes. Get a one plus x or small Huawei phone. Break away from apple its a cult. You will thank me later.

      • Scr-U-gle

        Your androne device might last 18 months.

        If you are lucky!!!

        • Samrq

          i’m still using my galaxy s3. Suck it bitch

          • Scr-U-gle

            How did that update that doesn’t exist from Samsung workout!

          • Samrq

            except they crippled the battery, performance (mass frame drops) since ios 8. Why are you so loyal to a brand? They don’t even know you exist you moron. Stop sucking corporate cocks and make something of your life. Pathetic zealots like you moaning and crying which phone brand is better crack me up.

          • Scr-U-gle

            When you know what you are talking about maybe you should try again, all I see are S6 phones with battery packs, nexus phones with battery packs and every drone device with its terribly non-optimised os with battery pack.

            Both my 4s and my 6 last all day, no problems.

            You can keep your virtual machine that not only makes for a stuttering os, but also adds battery drain.

            You really are a know nothing winkle-bag!

          • Modman

            Tim Cook is looking for you baby.
            He says he wants action. Tonight in his hot tub.

          • Scr-U-gle

            There is only one cock sucker on this thread, I know you are ashamed of yourself, but this is 2016, you can come out these days.

          • Scr-U-gle

            How is life in the closet? I guess you don’t get out much?!?

          • Modman

            iPhone controversy Edit

            LG Electronics has claimed the iPhone’s design was copied from the first LG Prada, the KE850. Woo-Young Kwak, head of LG Mobile Handset R&D Center, said at a press conference, “We consider that Apple copied the Prada phone after the design was unveiled when it was presented in the iF Design Award and won the prize in September 2006.”[9] The KE850 received a 2007 iF product design award,[10] where entries had to be shipped by September 2006.

            LG later claimed that Apple stole both the ideas and concept[clarification needed] of the Prada phone. A lawsuit by LG had been rumored prior to this announcement;[9] however, LG never followed through with it.

            Similar non-physical designs were revealed by Apple as part of the evidence in the 2012 Apple vs. Samsung court case, such as the prototype dubbed “Purple” which was dated August 2005, and the “Howarth” design from March 2006.[citation needed]

            IPhone is a stolen product!

            TIM COOK SAYS BEND OVER BITCH AND TAKE IT LIKE A MAN!!! HERE COMES THE SAUSAGE!!!

          • Scr-U-gle

            What aim icicle you really are, what capacitive screen did the failed LG have?

            You still come with nothing, yet again.

            You really need to come out the closet….

          • Modman

            You are a total retard again. A virtutual machine keeps apps processing separately so one crashing app doesn’t crash the entire phone. IOS can’t multitask has no widgets. Also it just reboots when an app crashes so you Dont see it. That doesn’t mean it doesn’t happen. You evidently like being taken for a ride. Time Cook loves riding you doggy style!!!

          • Scr-U-gle

            That your mother that like doggy styles.

            Androne runs virtual to avoid copyrights, no other reason, and why Lag has and will continue to be its issue.

            When you have something to say, come back, and I asked for a Coke not Sprite.

          • Samrq

            cry me a river iShill you’ll always be my bitch lol

          • Scr-U-gle

            You are the little bitch, all you have done is make a fool of yourself, repeatedly with your dumb cunt nonsense

          • Samrq

            it’s amazing how much this bothers you HAHAHAHA!!! GOOGLE FTW! APPLE CAN SUCK IT!!!!!!!!!!

          • Scr-U-gle

            Says the little sopping wet pussy who goes around defending Scr-U-gle and Similarsung, duck irony just flew over your head.

            Go get one single fact, just one instead of your robotic copy paste response that every other moRoid doesn’t get right, yet again.

            I’ll have an apple pie and a shake!

          • Modman

            Your avatar is a little girl. You are a sissy and a joke.

          • Scr-U-gle

            I did say I didn’t want to go large, how many times do I have to tell you?

            Come out of the closet, then you’ll only have to pretend you work in tech.

          • Samrq

            cry me a river iShill butthurt over a phone company lol

          • Scr-U-gle

            Did ‘they’. Like I have to keep telling you moroids, come with one actual fact not the usual wrong drone response.

            You really are making a fool of yourself and just proving how little you know.

            The last burger you served me was cold, at least do your job right!

          • Samrq

            cry me a river iShill lol

        • Modman

          None of my Android devices ever broke. How about your ifraud devices?

          • Scr-U-gle

            Like the self bending Nexus 5? Of course they didn’t. There are plenty of moroids on this site listing devices that bricked, fell apart or just went snazzy on them, oh wait cheap rubbish never breaks does it!?!

            The only fraud is that androne iphoney you have to replace every 18 months.

            What did the creator of Androne say again when he watched the iPhone launch, as he stopped the car he was being driven in to finish watching slack-jawed?

          • Scr-U-gle

            You really are embarrassing yourself, yet again, android devices don’t break, very funny, I am standing in the MRT in Singapore next to a poor person with a Similarsung with a shattered screen and no camera lens.

            And you claim to be a tech professional?

    • Scr-U-gle

      “We didn’t that coming” Eric shit Google CEO after the launch of the iPad.

      Wow, Similarsung invented a phone a bit bigger. Another industry innovation by the knock merchants from the land of knock offs. I’m surprised Google doesn’t up sticks and move to S Korea, they would fit in there. Like Kia, the ford knock off, YBM (I kid you not) etc.