Samsung plans on going all the way to the Supreme Court with its patent fight against Apple

Samsung plans on going all the way to the Supreme Court with its patent fight against Apple
Samsung filed legal papers on Wednesday to have its patent battle against Apple heard by the highest court in the land, the U.S. Supreme Court. Recently, the Korean manufacturer had a request to have its appeal heard by the entire U.S. Federal Circuit Court of Appeals, rejected. Previously, a three-judge panel from the Court ruled in Apple's favor.

Samsung is asking the Supreme Court to overturn the part of the Jury verdict dealing with Apple's design patents. Samsung still owes Apple $548 million from the first patent trial. That amount was reduced from the original $1.05 billion awarded to Apple by the jury. Judge Lucy Koh agreed with Samsung that some calculation errors were made by the jury and the award was reduced. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. further reduced the award by $382 million by eliminating the damages awarded to Apple for the infringement of its "trade dress."


The Supreme Court's current term expires in June, and it is expected to decide before then whether to hear the case. Samsung did catch a huge break earlier this week when the USPTO ruled that Apple's design patent is invalid because of "obviousness." With the ruling from the USPTO, Samsung could ask a judge to toss out the remaining damage award since there would be no valid Apple patent that Samsung could be accused of infringing.

Keep in mind that only 1% of petitions to the Supreme Court succeed. Meanwhile, Samsung has filed a motion to stay execution of a mandate. This filing, made in Federal Circuit Court, prevents Apple from collecting a dime until the case is truly over and all appeals are exhausted. Since we're at the point where a filing has been made to the Supreme Court, it seems like we are there.



source: FOSSPatents, SanJoseMercuryNews via AndroidCentral

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29 Comments

1. AnTuTu

Posts: 1621; Member since: Oct 14, 2012

Please end this crap already :(

19. neela_akaash

Posts: 1239; Member since: Aug 05, 2014

The lawyers must have became the Forbes Top 100 Richest Lawyers in the world..

2. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Down to all patent trolls!!!

3. skimshaddy unregistered

$548 mill down from $1.05 bill. The other half's was awarded to the damn lawyers? lol.

5. Mxyzptlk unregistered

This is crazy. I rather watch the CEOs of Sprint and T-Mobile fight over this.

6. VLaRueC

Posts: 189; Member since: Dec 18, 2012

Leave it to the super troll to keep culling the internet for Apple vs Samsung articles...

15. Mxyzptlk unregistered

Who are you referring to?

20. meanestgenius

Posts: 22396; Member since: May 28, 2014

Lol, I think someone is feeling a little here.

7. AlikMalix unregistered

And what if the Supreme Court says "Pay" than what? Samsung, your first phones looked exactly like 3G/3GS - pay up... you lost the same appeal over and over... time to get a clue..

8. Taters

Posts: 6474; Member since: Jan 28, 2013

Lol phones? One phone that wasn't even released in North America. You should be taking your own advice and get a clue. I have no hopes for you though.

9. Iodine

Posts: 1497; Member since: Jun 19, 2014

Samsung entire phylosophy is doing everything first, following all of the industry trends, ripping off sucesfull/remotelly sucesfull takes on new things and always saying how they are best, bester and the bestest, how they innovate, give consumers amazing products, while in reality caring only for profit and turning away from their consumer base in the moment they doesn't have enough profit. If you think samsung is willing to pay a penny to anyone, you are wrong.

10. Cyberchum

Posts: 1099; Member since: Oct 24, 2012

Thought the first Samsung is a mistake then I saw the one in your last sentence. Is your head stuck in a sack because you just described Apple above?

12. Taters

Posts: 6474; Member since: Jan 28, 2013

Lol he is so clueless and off base that it's hilarious.

18. Ordinary

Posts: 2454; Member since: Apr 23, 2015

25. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

First off why just Samsung. NO COMPANY IS JUST WILLING TO PAY. Let me ask you, if you were accused of a crime and even if you were guilty and you had the money to fight for a possible win, wouldn't you fight? or would you just plead guilty and take your sentence like a man? Stop making it sound like Samsung is some troll. Apple brought this fight with some BS. They used the same tactic they use with Apple vs Microsoft and they lost. They should never have won because every other country found Apple's patent to be invalid. As much as Apple has stolen? Do you need me to list everything APple has stolen? They stole Xerox UI from the Star Computer. They stole the McIntosh name. They stole the Apple name. They stole the iOS, iPhone, iPod, iPad names. They stole several UI elements found fist on Android, like quick toggles and the notification screen. The early Macs were based on designs from Braun. Apple stole a kid idea for Wifi sync even ripping off the icon. They stole the Siri Ui from the same application in China. How dare you point a finger. Samsung yes I have said, did copy the style and look of the original iPhone with the Galaxy S. However, Samsung had the F700 which Koh shot down as prior art which is now thanks the USPTO office, now has to count as prior art because based on their description, rounded corners and centralize speakers, display and home buttons are obvious device and cant be included as a trade dress like Apple claimed. Just like the original iPad looks exactly like Samsung Photo Frame. It doesn't matter that it wasn't a tablet. What matters is the iPad look and design was done before this it is not a patentable design. GTF over it dude. Apple is going to lose what they shouldn't have won in the first place. I personally don't care what players are involved. If Samsung had sued Apple for similar like for example. Suppose Samsung sues Apple and says hey, we are the ones who made large phones first with the Note. Apple iPhoen 6 Plus looks just like out Note with the big screen and blah blah blah. Should Samsung win? NOOOOOOOOOOOOOO!!!!!!!!!!!! Why? Sure they would be right Apple copied them. But making a device that exists already is simply an evolutionary idea. In other words, its been done. The tablet is basically a keyboardless display. Remove a keyboard from any laptops and you are left with a single device that easily can have PC internals. So Samsung would have no right to own size. I don't care how much you like Apple, just like in the past I loved Microsoft. But when they were wrong I didn't cheerlead like a blind idiot when they were clearing wrong, morally wrong and legally wrong. What they did to Netscape was legally/morally/obviously wrong. same for almost everyone else too. What they did to IBM was not. They made a deal that IBM couldn't see then that was simple. The money cant be in hardware because once you buy the hardware you need, you aren't buying it again for a while.

26. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

I don't care if you don't like my speeches. I didn't come here to be liked. I like technology. Wrong is wrong. Even when Apple is openly shown is in the wrong, you fools still cant deal with it. You are worse than fanatics of Microsoft which I also will flame as I am doing you. There were days when MS could do no wrong, when Intel could do no wrong. Yet both were busted for illegal crap. Illegal is illegal no matter who the players are fool. Apple here is clearly wrong. They were granted a patent they should have never received. They tried to deceive the court with fake evidence and now the patent office see's there mistake and is trying to legally correct it. What is YOUR frikkin problem with that????????? Are you that stupid???? Yes I am animate. I am because you constantly try to saved Apple's ass even when they don't need to be save. if you are this ignorant, then God help you. But I will blasted you with a 2 pages paragraph if I have too until you either quit or I die, whichever comes first. I don't give a crap about Samsung. I like all brands in one way or another. Ive used a device from all of them. When Apple is clearly right, they get 100% support from me. As they or anyone should. When they are wrong, no matter how much I like them I cant support wrong. The fact you do it, makes you a bonifide idiot.

22. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

You just don't get it do you? Look at the document from the USPTO office. When Samsung presents evidence to the Supreme Court, fact is they don't have to hear the case if they don't want too. First off, they get so many request they can't hear all of them. However, this case will set a strong precedence. Even if the SC decides to hear the case and since they are mostly Republican's just vot for Samsung to pay, it doesn't make it right when clearly the UNITED STATED PATENT OFFICE has shot down Apple's total argument. Wake up. The problem is simple. Apple was awarded a patent by the UPTSO office that they should never have gotten in the first place. Centalize objects like speakers, displays and buttons have been sone on phones since forever. Apple simply did an obvious evolution. It doesn't matter if the original Galaxy S did look like the iPhone do near the exact detail, because what Apple did was not a unique signature they could claim. Here is what the argument is in my example - 2 people with the exact same name, born from different pairs of parents. Have a similar signature they've adopted. One says, well since I was born before this guy, I should be able to own my signature and he can't copy it. Then after simple checking they say yes, you're right, person #2 you need to change your signature. But then later they come back and say, we we dug in history and found the way you guys write, other have signed their names similarly, thus your signature is not unique so no, you cant own it. - ITS THAT SIMPLE. The problem with D'677 is simple. Apple argued that yes, other devices have had a centralized speaker, display and buttons and rounded corners. We aren't trying to claim we invented it. What we are saying is no one lese has use that combination as a way to discern their phone from any other. Our overall all look incompasses those elements and creates a product that lets anyone know its from Apple and we don't want anyone else to do it too. Problem? People were already doing it, they just didn't use marketing BS to make it such a big deal like Apple did. Other phone OEM's never marketed the design of their phones as a selling point. That is the only thing Apple did different. They marketed the iPhone's design as a selling point, not what the phone was capable of. Just because they marketed the design first, the elements of the design were still done by someone else. Apple is saying this design is purs when it sint, its everyone design because all the elements are not patentable because its been done and it doesn't satisfy 2 simple required patent rules - The invention MUST BE NON-OBVIOUS The invention MUST BE NOVEL. No matter how nice it looks, it its made up of obvious ideas, it doesn't matter how you sell it, it doesn't change the fact. The invention isn't yours..PERIOD. The fact is, Samsung made the proper move in motioning the court to not pay a dime until all appeals have been exhausted. Apple isn't going to get a single dime.

23. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

I can also assure you, the reason Apple hasn't gone after the makers of the GooPhone and other phones that in fact look exactly like the iPhone even down to the UI, is very simple. In every country Appel was shot down with the same elements. None of those elements are non-obvious or novel. Hwoever, this doesn't mean you should be able to make a basically identical phone. But they have. But those phone don't have any potential to dethrone Apple, but since Samsung has the money, the well-known name and marketing capability to do so and because they were a partner, Apple cchose to sue them. Samsung doesn't need Android. The fight against Samsung had nothing to do with war on Samsung. If Apple wanted to kill Android, they would have sued the source...GOOGLE. THEY DIDNT. They sued Samsung because their claim was Samsung ripped their idea for a bar phone when phone evolutions shows phones were already headed in that direction, the point was who would do it first. Evolving something first doesn't make it yours. After all it that was a fact, no one would have a desktop other than Apple, no one would have a laptop other than Apple, no one would have a portable music player or TV other than Sony, no one would have a console other than Atari and Ford would have the only car in the USA and I could go on. Apple made Samsung who they are, not from Samsung copying Apple, but because App;e drew improper attention to Samsung by suing them, just like they did Microsoft and look how that turned out. Also the facts of the case shows, Samsung tried to license Apple designs and concepts and Apple refused or offered them at unfair costs that Samsung was unwilling to pay. Same as they did with Microsoft and that si why MS won their case and Samsung is too. Oh and if Samsung does win, that means HTC can sue Apple because Apple claimed their desigsn weren't for sale, yet they made a deal with HTC. If that deal was made on the premise Apple was going to sue HTC over D'677 for example, since its no longer valid, neither is Apple's deal. Which Samsung has already argued that Apple claimed their crap wasn't for sell, so what deal did they do with HTC. Samsung requested that the deal between Apple and HTC be made public for viewing. Apple fought to the nail and teeth to prevent it. They have something to hide. Every dog has their day and Samsung is about to slap Apple into he face big time.

11. dancheung77

Posts: 202; Member since: Jan 28, 2015

No wonder Sammy keeps releasing flagships every few months nowadays.... Gotta save up to pay the fine for doing such a great job of copying Apple. Come to think of it, they release way more flagships than any other brand, and people complaint about sony's two flagships a year, come on now.

16. ph00ny

Posts: 2066; Member since: May 26, 2011

They are? They've been doing the same S series release in first half and Note series release in the second half Is there a flagship from them that everyone is not aware of? This is ignoring the fact that S is their flagship line and Note is their stylus device line

21. Zack_2014

Posts: 677; Member since: Mar 25, 2014

You kidding me? Samsung has more than enough money to even pay off 1Billion $ of fine. S series and Note series release every year. Nothing new :) Both are different phones unlike Sony which has one type of flagship and it upgrades its twice in a year

28. tedkord

Posts: 17454; Member since: Jun 17, 2009

Your reading comprehension is poor. They don't need to save up, because the last silly, overbroad patent Apple snuck through the USPTO has been invalidated. Which allows both the LG Prada (which was shown before the iPhone) and the F700 (which was designed before the iPhone release) to be considered prior art. Which means that Apple technically copied. Not that I'm saying they did, but they did the exact same thing Samsung was accused of - coming up with a design that was very similar to an older, existing design.

13. RoboticEngi

Posts: 1251; Member since: Dec 03, 2014

Now that apples "innovations" are turned down by the patent office, they will get 0$. Which ofcourse is what they deserve. They are just one big pile of hypocrites, who shouldnt get anything but dust.....

14. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Apple should focus their income on bringing in new innovative products. I am glad they burn some of their profits with this fruitless endeavour.

17. Switch00

Posts: 536; Member since: Sep 04, 2013

Samsung better make a decent 6-6.5 inch smart'phone' instead of wasting time in courts.

24. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

Samsung wasting time in court? Samsung didn't sue Apple. They aren't wasting time. If someone accused you for a crime you didn't commit and you faced life in prison, would you into exhaust all legal action available to you? Or maybe we should tell you, take the life in prison because you are wasting time in court? It was Apple who took them to court, not the other way around. That's the reason the United States has a court of appeals system. Because no court is perfect, humans make mistakes or get paid off all the time or get some other generous offering. That si why the President doesn't have absolute power because of the human nature to abuse others. Een with all of this it still happens. The Patent Office caused this whole problem by granting the patent in the first place, force both companies to spend all this money, and then come later and say we were wrong. The fact is, with this new evidence, Samsung doesn't need to go to the Supreme Court. The SC only needs to kick it back yo Koh's court and the fact is, new evidence shows D'677 is invalid and was made soo aby a United States legal Entity. The fact is Koh would have no choice but to drop the case. The fact is after that, Samsung could sue Apple for all the money they had to spend to fight the case which legally they would be entitled too. But Samsung probably wont, because they will just claim it on taxes and write if off vs spending more money to create another court case. The case is now over. Since the USPTO has squashed this claim, Samsung can't legally be made to pay Apple a dime. Sorry to all Apple fans, Apple lost. They should never have won in the first place because every court in other countries shot down the patient from the beginning. The US should have too and Obama vetoing when Apple was busted for infringing, should be slapped. I don't care if he is the President. he is still a man and he shouldn't have interfered with our legal system unless it is in the best interest of the whole country, not for Apple. Just shows how our gov't is run and own my corporations. Obama is a mild Republican. I don't dislike or hate him. But what he did was wrong and I will call him out for it. Samsung paid and legally used our legal system to file a claim against Apple. They won. They should have been award damages. Obama stepped in and squashed it for Apple. That was wrong. Now it wont matter because Samsung is going to win because legally the courts have no choice to consider the USPTO dismissal of said patent because it is the main part of the evidence from Apple.

29. tedkord

Posts: 17454; Member since: Jun 17, 2009

Samsung won't be legally entitled to any court costs from Apple. When Apple filed the suit, they had legal grounds to do so - the then valid patent.

30. AlikMalix unregistered

Thanks Ted. Apple filed lawsuits because they had a patent to back it... Samsung sues too and every company does. If anything apple and Samsung should sue the patent office because the grant it, than after hundred of millions of costs to lawyers and court fees they just take it back - Apple would not have any grounds to sue if they weren't granted a patent. All these fees would be avoided. Now who's gonna pay those? If patent office made a mistake - they should pay. This is serious stuff not child's play.

27. downphoenix

Posts: 3165; Member since: Jun 19, 2010

I hope this goes to bite Apple in the bum so that they have 2 bites out of them. It will show them for abusing the patent system.

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