Check out a transcript of Tuesday's Samsung v. Apple Supreme Court hearing

Check out a transcript of Tuesday's Samsung v. Apple Supreme Court hearing
The smartphone industry was represented at the Supreme Court yesterday as lawyers for Apple and Samsung got to speak in front of the 9 justices of the highest court in the land. If you ever wondered what goes on during a Supreme Court hearing, you can find out right now; a full transcript of yesterday's oral hearings has been released by the Court. The issue here is the method used to determine damages in a design patent infringement case, and a final ruling is expected by June 2017.

Samsung's position is that damages should be based on only the part of a device that was infringed on (as determined by a trial court) and not based on the total profits generated by the device. For example, if a trial court determines that a company infringed on a design patent for the home button of a phone, Samsung says that damages should be based on the home button only. Naturally, Apple has a conflicting point of view.

Apple says that the design of a product such as the iPhone, is important in determining how the product functions. The issue is confusing to jurors and Samsung says that allowing awards to be based on total sales of a product will invite more patent trolls to gum up the patent litigation system.

The goal of the Supreme Court in this case is to develop a set of rules that can be applied in future patent litigation involving design. It will not rule specifically on Apple v. Samsung. Check out the transcript of yesterday's arguments which can be found directly below.

source: Scribd via AppleInsider



1. Fona13A unregistered

Corporations: 1 Consumers: 0

2. Diego!

Posts: 880; Member since: Jun 15, 2009

Another Samsung bashing article... Oh never change iPhoneArena...

3. Fona13A unregistered

Nobody really wins here, the taxpayers who could've contributed to something noble have to keep these kids in control, and what happens when a guardian fails to keep their kids in line? The fallout of these court settlements.

13. greyarea

Posts: 267; Member since: Aug 14, 2015

Another person who's hobby is to go around to sites they think suck and whine about it in the comments.

17. yoghibawono

Posts: 240; Member since: May 04, 2016

Another person who's hobby is to comment another persons' comment to sites they think suck and whine about it in the comments.

19. shm224

Posts: 303; Member since: Mar 19, 2015

@diego! : not sure what you mean.. Having just read the transcript, PA doesn't seem to side either way.

4. PrYmCHGOan

Posts: 335; Member since: Sep 28, 2016

Here is the problem. Apple is trying to sue Samsung, the same way Apple sued Microsoft. Apple lost. The USPTO has already identified that many of those patents that were granted, should not have been and were invalidated. The patent has more to do with just rounded corners and rectangles. The issue is simple. Apple is tryign to claim that, we took things that were not novel and unique, and brought them together to make what we "feel" is novel and unique. Rows of icons are not unique. They exist in all operating system as a requirement for tme to work. The front face of an iPhone is simply their trade dress for how they chose to make their phone. But it is a design used in different ways on multiple products You don't get to call it your own. A shape - Unless you make a shape so unique that it can't be found in nature, then you can never call a shape...YOURS. A Radius - All curves have a radius. Thus no matter what degree your radius is, you can't own it, because all curves require a radius to exist. Icons - Icons can be placed in all types of ways. However, Apple was not the first to have them in columns and rows. As far as I know, Xerox had the first working computer with such. However to me, a row of icons is equal to a row of food at a store. Each icons represents an app, as a product on the shelf is represented by its own icon or product ID. But none of those products are unique. A can is still a can, no matter what size it is. It doesn't matter if its a can of sardines using an oblong can, or a can of beans using a tall can. They all come in a can, made from similar materials. Just like you can't patent a tire in its basic format. What you can patent is, how you brought your materials together to make your tire. For example. Firestone use to make a tire called the 721. It was a special design where Firestone to 7 bands of steel, wrapped it with 2 strands and then it was wrapped with 1 band. This is what they patented.. The over concept of a tire cannot be patented, because it is at it maximum design level for its basic look. Its round, it made mostly of rubber and many have steel belts to hold them together. None of these tire companies are suing each other saying. Wait! You tired tread looks to similar to mine, so I'm suing you unless you change it. None of them are saying your steering wheel design is to similar to mine and if you don't change it I am suing. Apple did this to slow company's that were going to beat them. One court sides with Apple and ask Samsung to make changes to the Galaxy Tab. They made them. Apple said it wasn't enough. The court said, it is enough..DISMISSED! When Apple loses, I hope Samsung sues them for $1B.

5. Fona13A unregistered

Honestly, PhoneArena should take note of this insightful comment. +999

8. Diego!

Posts: 880; Member since: Jun 15, 2009

But we know they won't! They are now iPhoneArena, they are bashing Samsung posting 4030956035 articles a day against Samsung and remarking that another Galaxy Note 7 'exploded' :S

9. trojan_horse

Posts: 5868; Member since: May 06, 2016

I'm fed up with those Note7 articles, too. But, news is still news, so they aren't doing anything illogical by publishing them.

7. Macready

Posts: 1830; Member since: Dec 08, 2014

You sir, nailed it.

10. Subie

Posts: 2425; Member since: Aug 01, 2015

You should apply to work the defense on Samsung's behalf.

14. greyarea

Posts: 267; Member since: Aug 14, 2015

You think he's writing these essays for fun? He's way ahead of you.

15. Subie

Posts: 2425; Member since: Aug 01, 2015

1. I agreed with a lot of the points he was making so I replied positively. I don't know if you understood my post or why you responded to me with yours. 2. Are you suggesting that he was paid for his post or has some other reason for commenting other then being interested in tech news? 3. He's ahead of me at what? Posting first in this thread...

16. greyarea

Posts: 267; Member since: Aug 14, 2015

My two small sentences get a list format response? I guess, just seems excessive. A) I did understand your post. I responded to you because your comment with my comment because that's how comment systems work. What should I have responded to you with? B)Yes. C)As I already suggested with the snark in the first sentence, I believe he's getting paid. Therefore he's way ahead of your recommendation that he should do so. Maybe you haven't seen all of the persons posts, but all of them are that length and are by no means just copy paste, all defending samsung, with a brand new account. Maybe just be someone with deep brand loyalty/obsession. No way to know, just my guess.

18. Subie

Posts: 2425; Member since: Aug 01, 2015

Got it.

11. AdamLeonard

Posts: 61; Member since: Aug 24, 2011

Civics reminder: there are only 9 seats on the US Supreme Court of which, only 8 are filled.

12. tedkord

Posts: 17464; Member since: Jun 17, 2009

12 justices? What country was this heard in?

* Some comments have been hidden, because they don't meet the discussions rules.

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