Samsung officially takes the Apple Patent case to the Supreme Court

by: John DyeDecember 14, 2015
1.4K

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Today Samsung filed a 219-page appeal requesting that the Supreme Court rule on the legitimacy of Apple’s patent infringement case. Samsung already paid a settlement amount, but they are still disputing the ruling, which initially awarded Apple $930 million in damages. Although the Korean company whittled this amount down considerably in later court dates before paying $548 million earlier this month, they believe that the ruling sets a precedent that discourages innovation and competition while at the same time encouraging frivolous patent litigation.

The two juries in the original case were presented with evidence that Samsung had infringed on Apple’s patented technology. These technologies include things like swipe gestures and tap to zoom capabilities. Samsung claims that the juries were not given enough information to understand the nuances of the case, and that the judge instructed them to make their decision based on the general similarity of appearance between Apple and Samsung’s products.

apple-vs-samsung-court-011See also: Samsung agrees to pay $548 million to Apple for patent infringement70

The company released the following statement:

“Samsung is escalating this case because it believes that the way the laws were interpreted is not in line with modern times. If the current legal precedent stands, it could diminish innovation, stifle competition, pave the way for design patent troll litigation and negatively impact the economy and consumers.”

In addition to disputing the way in which the case was decided, Samsung is also claiming that the way design patent damages are calculated in general is flawed. They describe a situation in which current design patent rules are applied to a hypothetical case in a way that would see the infringing company paying out several times the total value of its profits.

Samsung and Apple have agreed to set aside all court cases related to this issue outside of the United States, so however matters are settled here will have lasting and worldwide effect. It looks like this is World 8 Mario Brothers for the patent case that has spanned four continents, lasted four years, and which has already cost Samsung over a half a billion dollars.  If the US Supreme Court takes on the case, it will be the first design patent reviewed at this level in over 120 years.  

What are your thoughts regarding the continuing saga of Apple vs. Samsung? Who is in the right here? Let us know in the comments!

Next: Best of Android 2015: User Experience

  • Jerry Rich

    Go get those assholes, Samsung!

  • mrochester

    Apple have already won the smartphone market so in that sense, they don’t need the damages. But for the sake of protecting innovation, this appeal needs to fail. Apple already have the moral, reputational and monetary victory.

    • John Doe

      You mean Win .. Right?
      Or did you fail to understand the article …

      • mrochester

        No, I mean lose. I want more innovation, not less.

        • hoggleboggle

          If you want innovation then you would want apple to fail as their ridiculous abuse of the us patent system is severely stifling innovation

          • mrochester

            You’ve got that completely the wrong way around. Don’t worry, I understand that your Android religion prevents you from independent thought and that you need to stick to the party line of Apple = evil. Hopefully one day you will be liberated from your shackles and begin to understand this situation better.

          • Phyl O Butoyi

            Yeah we understand patenting the shape of a corner is a legit way of using the patent system. Forget android IOS fight, if apple was to design a phone camera, they wouldnt patent both the camera and the position they place it on the back, the camera is one thing but the positioning? Apple is stifling innovation.

        • John Doe

          Hmmm .. Ok ??

        • An Droid

          No dickhead, you think you meant lose, but you actually mean win.

          • mrochester

            No, definitely mean lose!

    • HatchetHaro

      The appeal is by Samsung, and if that appeal wins, we get more innovation. You mean “win”.

      • mrochester

        No, we get less innovation if Samsung wins as it gives the green light to patent infringement. Patent infringes need to be punished.

        • jpd514

          Patent abuse the way Apple do it need to be punished since it stop innovation

          • mrochester

            Apple hasn’t engaged in patent abuse. The only abuse of patents in this instance is Samsung’s unlicensed use of them. That’s what needs to be stopped as it results in less innovation.

          • An Droid

            It appears that you have totally mind-fucked yourself into a stupor! Now you are a true iSheep. Congratulations!

          • mrochester

            No I just make an assessment of the situation based on the facts, not emotion.

          • Phyl O Butoyi

            Simply google and you’ll be shocked at the number of patent cases apple has lost. Just google im not forcing anything down your throat, the powers that be are good at keeping it off the media. Google…

          • Mike Bastable

            Some patent infringements are tactical, that is : they occuur to force the patent holder to negotiate terms of license. Apple certainly engages in this, as do most innovative companies. Apple is also, as is Samsung, continually sued by no-hopers claiming prior rights.
            Apple has lost many cases and paid limited damages (usually equal to future licensing fees), as has Samsung.
            This case is more complex…it is about Samsung copying Apple and grabbing dominace over Android, i would like them to pay. I would equally like it if HTC, LG and the rest didnt have to compete against Samsung’s marketing dominace (paid for with the profits of their copying). I think Samsung damaged Android and the other Android OEMs.
            However time moves on and as Samsung begins a slow decline they should just pay up and move on. Their recent handsets show innovation of their own and deserve success (lets ignore the iPhones clones and iPad Galaxy S2)…innovation should be protected by patents. BUT (a big one)…patents should only be issued together with a published set of licensing terms to enable others to implement the tech into other products and develop further. Thus protecting the originator whilst allowing others to use the patented tech (at reasonable cost).
            What do you think?

    • Phyl O Butoyi

      I have seen a few articles on stolen designs from start ups by apple so I dont know where the moral and reputation aspect comes in, I also see them copying android designs going bigger and joining the pixel wars????? Im also sure the strength of apples bank is a sham like the current “strength” of Americas economy. You can only cook figures for so long.

  • John Doe

    Something has to be done about the current patent laws in the US (and probably other countries too). Most of the patents are way too vague and can greatly diminish innovation. Patents like apple’s ‘your cell phone cannot not have rounded edges or look anything like mine’ are a true testament to the way things need to change!
    And don’t get me started on Patent trolls!! (They add nothing but expect everything in return)

  • C Lo

    Such hatred towards Apple on these boards. I can only imagine what your reactions would be if someone or a company actually DOES something to hurt your lives.

    • 1213 1213

      All technology lovers should have a problem with patent trolls that stifle innovation. Patents were originally made to encourage innovation so it is a blatant misuse of the system that hasn’t properly adapted to modern times. Hopefully the supreme court take it on board and this leads to an overhaul of some sort, it’s been on the agenda for a while now.

      • Napalm_3nema

        Forcing competitors to do something in a way that is different is not stifling innovation, it is pushing it. Standards are for everyone, but individual methods of performing tasks aren’t necessarily the only way to accomplish that task.

        Is the patent system broken? Yes, and that is hard to argue. Did Samsung rise to the top of the Android heap by being Apple’s “biggest fan”? Yes, and I say that would be pretty hard to argue, as well.

      • Mike Bastable

        An ideal ruluing would uphold the damages. Samsung copied the iphone blatantly.. Whist at the same time addressing the general patent issues…and thereby:
        Punish blatant theft but rule in away that encourages and allows a new tech to inspire and enable future innovation.
        I believe the iphone inspired the industry and later app developers, and Google, to give us the awesome phones we now all own.

        • Michaels_28

          You can only “copy” when there is a valid invention in the first place. Domino’s following Pizza Hut’s lead to add “Cheese-crust” pizza in their menu is not copying. We call it competition.

          If you believe Apple invented rectangles and rounded corners.. I have a bridge to sell you.

          • Mike Bastable

            Lol.
            Miss the point a little.. Iphone was more than a shape and screen. Much more. The much more was copied, shamelessly.
            Which bridge? Some are beautiful.

          • Mike Bastable

            still awaiting my bridge….

        • Phyl O Butoyi

          How do you believe a company is justified to patent a shape and believe its a valid patent? Also it means all phone companies will be sued by apple soon because these phones really look alike. I wonder what would happen if the first car company patented a round steering wheel or headlights at the front or having the bonnet unlock button under the steering wheel?

          • Mike Bastable

            Totally missing the point….cannot be botherd to explain yet again why Samsung is guilty. Some will never listen.
            It is possible to see that Samsung was wrong and still admire them for it…

          • Phyl O Butoyi

            I guess because you cannot be bothered, your point makes even more sense??????

          • Mike Bastable

            No just that of you dont get it yet you never will.
            Pointless to even try again.

          • Mike Bastable

            not really… but read up on the issues and you might agree with those who actually think Sammy is in the wrong. Other Android OEMs were INSPIRED by the iPhone, SAMSUNG just copied shamelessly and should pay up.

          • Nfour

            Apple cant offend other phone companies especially the Chinese, who will make their phones. If they loose their Chinese connection and Samsung stop selling parts to them, there wont be enough iphones for the americans to buy. It will be like “Sorry, our fabs and plants are full at the moment. Please try again next year, u might get lucky and get a slot on the queue.”

          • Mike Bastable

            a valid argument from yourself applied to the wrong subject…samsung copied form style content design …everything really. They gained market dominance at the expense of other Android OEMs (actually damaging the ecosytem at the same time), those OEMs ried innovation and used their own designs but basically failed because people wanted a Android version of the iPhone really (and i am not talking about those who read this site but the majority of simple consumers). I resent Samsung being dominant in the Android ecosystem because they stole their ideas and failed to innovate.
            We are now in 2015 and things HAVE changed and Samsung has improved, but the Samsung of the past has a rather large bill to pay…..and rightfully so.

      • mrochester

        If you’re a technology lover and want to promote innovation, then you’d be on Apple’s side. Supporting Samsung in this is going against innovation. You need to actually support the correct side for your post to make sense!

        • 1213 1213

          The Journal of Economic Perspectives in 2013, Michele Boldrin and David K. Levine: “The case against patents can be summarized briefly: there is no empirical evidence that they serve to increase innovation and productivity, unless productivity is identified with the number of patents awarded—which, as evidence shows, has no correlation with measured productivity.”

          • Michaels_28

            And these patent laws have a huge implication on freedom of speech, which is inherently rooted in freedom of thoughts.

          • Mike Bastable

            silly

        • Phyl O Butoyi

          If you believe apple are is so right, please google “patent lawsuits against apple” starting with Nokia all the way to some university I dont remember which in the U.S to the little start ups it stole designs from. Just because they know how to hide their dirty laundry from the public doesnt mean theyre innocent. Its like how U.S.A is good at hiding alot of their dirty laundry but stay on social sites long enough and you’ll see things popping up.

          • mrochester

            I believe Apple should be punished for patent infringement too.

      • mrochester

        If you’re a technology lover and want to promote innovation, then you’d be on Apple’s side. Supporting Samsung in this is going against innovation. You need to actually support the correct side for your post to make sense!

  • Tajwar

    Although I don’t like many things that Samsung does, it being Samsung vs crApple, I’m cheering for Sammy

  • Peter Starzynski

    This needs to end. All the patent wars are doing is stifiling innovation.

  • An Droid

    What do you expect from a company that was run by an arsehole, and now an arsehole lover.

    • Michaels_28

      Bigotry does not help the cause.

      • An Droid

        No, but it’s funny. Let Tim Cook stew in his gayness.

    • Mike Bastable

      wow…the return of the homophobes.
      I bet he was dead proud of this comment, rather sad to think that these people still exist and are able to pollute our sites with their ignorant and hate filled comments.

      • An Droid

        Right on gayboy!

        • Mike Bastable

          Certainly…still hunting for an appropriate adjective to describe you….
          (in 2015 “gayboy” is NOT an insult)

        • Mike Bastable

          first true thing you posted here

  • aaloo

    honestly samsung, the entire world has labelled you as a copycat now. just pay the half billion dollar and get back to focussing on getting the fabrication orders for apple’s next processor. Heard TSMC might get all the deal this year.

  • SirJames Woodley

    Go Samsung…

  • Phyl O Butoyi

    Apple is stifling innovation, if you believe a rounded edge is something to patent you truly are a fan boy, double tap to zoom is regarded as an innovation? The innovation is the touchscreen not the gesture surely? If swiping up or down or sideways for anything was to be patented, how else will everyone else swipe? Ever since apple pushed everyone else to patenting the tiniest things even they themselves have lost their innovativeness, right now theyre simply copying what everyone else is doing and yet people think apples way brings about innovativeness? Its simply a witch hunt, tell me what company would escape the noose on the patents being thrown on samsung? Apple have been caught stealing patented devices from start ups before which no other company has been caught doing. We know who the problem is, they have been in the smartphone business long before everyone else but people caught up due to innovation and now apple is stifling it with nonsensical patents…….A FREAKING ROUNDED CORNER? If samsung is simply a copy of apple why arent more people going to apple?

  • Phyl O Butoyi

    One more thing, when a company incorporates new hardware like fingerprint sensors then its been in the works for long, someone didnt just see the hardware in another phone and a year later decide to have one. Apple is stifling growth of startups and innovation of existing companies, how low do you have to go to patent a shape? It says alot.

  • Phyl O Butoyi

    Unlicensed use of the shape of a corner? As I said below, if apple was to invent a smartphone camera, they would patent the place they put it on the back, the position, so every company is forced to patent the position of their camera, what happens 10 phones down the line? If oppo patents the swivel thingy? Will cameras be placed next to the charging port? Patenting the camera is one thing but the position is just shti.