Design patent feud between Apple and Samsung goes to US Supreme Court this week

Design patent feud between Apple and Samsung goes to US Supreme Court this week
The last time the US Supreme Court has had to rule on a design patent dispute was in 1893 and it was over alleged plagiarism of the design of riding saddles. This Tuesday, 123 years later, eight justices of the US Supreme Court will hear the next such case, which the latest skirmish in the 5-year long court battle between Apple and Samsung. The times they are a-changin’.

It all began in 2011, when Apple sued rival phonemaker Samsung, claiming the Korean company infringed on numerous iPhone patents, regarding both the tech inside, as well as the device’s appearance and UI design.

Samsung was last year ordered to pay Apple upwards of $548 million, but will Tuesday argue that $399 million of this sum — amounting to the entirety of its profit on 11 smartphones — were wrongly awarded to Apple.

Although Samsung has the support of tech juggernauts such as Google, Facebook, HP, and Dell, among others, it may be facing uphill battle, especially in light of recent developments. Just a few days ago, the US Court of Appeals reinstated a $119.6 million award to Apple, reversing a previous ruling by a three-judge panel from February.

This Tuesday, Apple and Samsung will again meet in court, this time to argue over a US patent law provision requiring parties infringing upon design patents to pay their respective holders the total of their profits on an infringing article of manufacture. In other words, the question posed before the Supreme Court by Samsung will be whether the term “profits” means “profits on the entire product”, or if it means “profits due to the infringement of a certain patent,” and whether the alleged infringing party should be paying the entirety of its profit on a certain product to the patent holder.

This could be the closing chapter of a long and tiresome court battle between the world’s two biggest phone makers. Its outcome may have lasting effects not only on the mobile, but on the tech industry as a whole.

source: Reuters

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19 Comments

1. trojan_horse

Posts: 5868; Member since: May 06, 2016

"Rectangle with rounded corners" is the dumbest design patent I've ever heard.

13. sissy246

Posts: 7129; Member since: Mar 04, 2015

True, and if you think about it phones were rectangle with rounded corners before the iphone so really who did the the coping first.

19. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

The only way to make this stick is bibery.

2. Bankz

Posts: 2550; Member since: Apr 08, 2016

If apple like their factory then they should stay away from this battle tbh, well except they want their ass BOMBED!!!!!

3. YOURDADkid unregistered

I believe US Supreme Court and US patent law provision requiring parties will favor Apple in this case due to fact that Apple is US company and Samsung is not from US Origin. Samsung should have facts and valid points to win this. So far we have never seen Samsung copies anything from Apple and the fact is Apple is copycat.

18. cheetah2k

Posts: 2300; Member since: Jan 16, 2011

The reason this is going on is infact not Apple or Samsungs fault. Its the US patent office fault for letting Apple get away with applying and gaining bogus design patents.. Simple as that....

4. Plasticsh1t

Posts: 3109; Member since: Sep 01, 2014

Fighting over who explodes first?

10. fyahking

Posts: 1146; Member since: Jan 28, 2015

Well, the winner was the iPhone.

15. TerryTerius unregistered

Horse, meet stick.

5. XDAdam

Posts: 276; Member since: Feb 03, 2016

*grabs popcorn* Finally, the concluding episode of DragonBall Z. No more filler episodes.

6. Fona13A unregistered

More parasitic behavior that doesn't benefit the consumer at all.

7. iC-118

Posts: 260; Member since: Sep 29, 2016

Aplenty patent trollers going to supreme Court. Lmfao. Victory to Samsung. Rip die Bad fruit.

8. Subie

Posts: 2430; Member since: Aug 01, 2015

The real losers here will be the tax payers that have payed for the courts to operate throughout this whole overly lengthy battle.

12. NarutoKage14

Posts: 1348; Member since: Aug 31, 2016

Those courts get their funds allocated before the start of the new fiscal year so they were getting funded regardless. We lose as consumers because the legal fees get passed onto us and it makes tech more expensive as a whole.

14. Subie

Posts: 2430; Member since: Aug 01, 2015

Less court cases and run around after run around would require less funding. The logic is just that simple. The circle jerking will just continue though.

9. aikoo

Posts: 129; Member since: Feb 27, 2016

This is the Mobile Industry's "Trump vs Hillary."

11. NarutoKage14

Posts: 1348; Member since: Aug 31, 2016

The US military is treaty bound to protect S. Korean interests. If Samsung losses, I live close enough to see Apple HQ and their spaceship go up in flames as the tanks roll in. Seriously though if Samsung losses, Apple may take that as carte blanche to claim no other mobile phone can have rounded corners or any feature similar to that of iPhones.

16. TerryTerius unregistered

Sure would be a convenient time to have a functioning Supreme Court.

17. drunkenjay

Posts: 1703; Member since: Feb 11, 2013

A rectangle sure goes a long way. I wish my rectangle can get me a few hundred million dollars.

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