U.S. Patent Office overturns Apple design patent possibly saving Samsung half a billion dollars

U.S. Patent Office overturns Apple design patent possibly saving Samsung half a billion dollars
The Apple design patent that a jury said Samsung infringed on leading to a huge monetary award, has been overturned by the U.S Patent Office. The patent, D618677, is responsible for the remaining $548 million that Samsung needs to pay Apple from the verdict of the first trial between the two rivals. Judge Lucy Koh tossed out some of the original jury award after presiding over a re-trial on some of the damages. Koh's ruling reduced the amount owed Apple to approximately half of the original $1.05 billion in damages awarded to the iPhone manufacturer.

Last week, Samsung's request for an appeal to be heard en banc by the U.S. Federal Circuit Court of Appeals was denied. But it might not matter after the USPTO's decision. Even though Apple relied on the patent, known as D'677, to protect the design of the OG Apple iPhone, it was actually submitted in November 2008. That was well after the January 5th, 2007 date that Apple considered to be the starting date of D'677. Apple could do this because it relied on two previous patents that had been filed, including one from January 2007. Because the iPhone design that Apple claimed was illegally used by Samsung was not included in the two previous filings, the USPTO is saying that D'667 "is not entitled to benefit of the (earlier) filing date."

As a result of this ruling, some prior art (from Samsung, LG and even Apple) can now be claimed which invalidates D'667 on the grounds of what would be called "obviousness." No doubt Samsung will bring this matter up in court as it attempts to have the judge toss the remaining $548 million awarded to Apple.

source: Scribd, FOSSPatents via AndroidPolice



1. darkkjedii

Posts: 30836; Member since: Feb 05, 2011

Damn Apple! You got Samsunged lol.

20. nctx77

Posts: 2540; Member since: Sep 03, 2013

I think not my friend. This is nothing but the courts feeling sorry for Samsung and their current position. It's not how it was when they originally caught this case. They are declining and can't find a hit to save their lives. Apple is doing better by not paying them attention. It not like they need 500 mil.

30. cheetah2k

Posts: 2190; Member since: Jan 16, 2011

No one feels sorry for anyone, Apple is merely a money hungry patent troll. Look at their current phone line up which take design ques from some of Samsungs earlier phone offerings.. I think this is not just a win for Samsung, but for other phone manufacturers throughout the world

34. DRS1977

Posts: 678; Member since: May 27, 2015

Apple stole their current design from the Ativ S, plain and simple.

37. tedkord

Posts: 17135; Member since: Jun 17, 2009

Sure! The courts felt bad for Samsung and ordered the USPTO to invalidate their patent because of it. Not because it was invalid. Not because it protected an obvious idea. But because they felt sorry for them. And the gold medal in mental gymnastics goes to NCTX77!

45. Japultra

Posts: 133; Member since: May 16, 2014


42. darkkjedii

Posts: 30836; Member since: Feb 05, 2011

Nahhh, I think the court realized, these two copy each other enough to where no ones getting a settlement. Apple needs to get out of the courtroom, and tech out.

52. Topcat488

Posts: 1411; Member since: Sep 29, 2012

Lawyers, are the only ones on both sides who ARE getting PAID!!! I have to say... I have GROWN much RESPECT for YOU since your last 10-12 post about your feelings, about Apple's lack of innovation and so. I truly thought you would never down Apple or say a BAD word against THEM... Anyway +1 thumps up. O.o

56. darkkjedii

Posts: 30836; Member since: Feb 05, 2011

Gotta keep it real yo. We have some blind ones on both side, but not I. Thanx +1 backatcha

57. jeff327

Posts: 86; Member since: Feb 28, 2012

Why would an American government organization feel bad for a South Korean company? Your comment make zero sense. However, if the facts are not obvious to you and you feel better being an obvious fan boy than I say you go for it young man. I mean we all know Apple invented a rectangle better than anyone else previously.

58. tedkord

Posts: 17135; Member since: Jun 17, 2009

His mind needs to rationalize this away. To him, it can't possibly be that the Apple patents were not deserving of protection due to obviousness (proven by both Samsung and LG coming out with similar designs at the same time as the OG iPhone). So, it must be something more insidious. Anything, no matter how silly, is preferable to the truth. So, his mind comes up with this rationalization, he immerses himself in it, and he feels better.

59. buggerrer

Posts: 306; Member since: Sep 21, 2011

I hate to point this out, but the court didn't do anything here. The Patent Office did and it has nothing to do with the courts. Apple tried to illegally backdate an invalid patent.

51. abhinav.tella

Posts: 14; Member since: Jul 18, 2015

Everyone copies everyone, as long as customers benefit (both Android and iOS users) who cares lol. For some added info though: The name "iPhone" (Yes with a small "i") was actually trademarked by Cisco in 1998 almost a decade before Apple's first phone. They had to settle with Cisco for its use lol. Even the name "iOS" (Yes with a small "i") was originally used by Cisco, regarding their "internet operating system", Jobs obviously knew that as well. I bet Cisco is doing a lot of regretting for settling lol. Also funny about how Apple fans conveniently forget the $100 Million lawsuit they lost to Creative for stealing UI and other features from the ZEN line for the iPod.

2. Zylam

Posts: 1808; Member since: Oct 20, 2010

Big deal, the brand image damage was done long ago. Samsung phones look more like IPhones now more than ever, so this is pretty ironic.

4. tedkord

Posts: 17135; Member since: Jun 17, 2009

Sounds more like your brain damage than any brand damage.

12. AnTuTu

Posts: 1595; Member since: Oct 14, 2012


24. legiloca

Posts: 1675; Member since: Nov 11, 2014

Apply Cold Water On Burned Area,

29. Mxyzptlk unregistered

Sounds like tedkord is salty.

38. tedkord

Posts: 17135; Member since: Jun 17, 2009

Why would I be salty about Apple having the last of their silly, obvious patents thrown out? I'm ecstatic, because they can't extort the industry or stifle competitors innovation anymore. It's a great day in tech.

43. xdza1979

Posts: 296; Member since: Aug 08, 2015


19. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

OK let's just be fair. The only my phone Samsung ever made that looked like an iPhone, was the original S. The S2, 3, 4 and 5 and 6 don't look like an iPhone. All phones share some cosmetics that another. Whether you had it first doesn't matter. The iPhone 4 wasn't even an original.design. they stole it from LG who's President was going to sue. For all.we know, Apple could have paid LG hush money. The iPhone 6 looks like an ATIV S. The iPhone 5 design is not original either. Apple wasn't first to have a phone with a centralized speaker. Slide to unlock should be invalidated too. The fact is this and it is simple. Apple is arguing the same BS it did in the Apple vs Microsoft case. All patents require a very simple rule. They must be non-obvious. What in the Applesame design was non obvious and novel? Nothing. They should never have been awarded a dime If it was the other way around, Samsung shouldn't be awarded a dime. Apple steals everything. Then when Apple was found guilty, the President Vetoed it. That was wrong. So turnabout is fair play. SAMSUNG isn't going to be paying a dime. All Apex did was make Samsung better. The S looks nothing like Apple phones. The S6 Edge is a masterpirce. It doesn't copy the iPhone 6, it's far better. Wayyyyyy better in every way. I could care less if the iPhone was better in any single thing. The Note makes the 6 Plus look like a toy. Same for other big phones too. Anyone can make a big phone. None are like the Note. Now the South has an advanced take too. You don't see Samsung trying to pendent an obvious concept of dual crude glass, but am sure they patented their way. Apple should never have sued. Anytime a partner of Apple decidestore to compete in the sameantime space, Apple always gets mad and then that company is the enemy. Samsung was making phones long before Apple. They have the experience to do better and the money. Apple made a good idea. That doesn't mean you own the idea.

26. aba71983

Posts: 807; Member since: Jul 24, 2014

Tell to Samsung to file a case if this is true.

27. Taters

Posts: 6474; Member since: Jan 28, 2013

Correction, the only one that looked like an iPhone was the international S. The North American ones looked totally different, especially the variant with a qwerty keyboard. Retarded Yankee jury for the win!

47. j2001m

Posts: 3061; Member since: Apr 28, 2014

You right, they nothing like the iPhone in the usa

3. ajac09

Posts: 1482; Member since: Sep 30, 2009

LOL hahhaahahhhaa

5. tedkord

Posts: 17135; Member since: Jun 17, 2009

Time for tears and rage.

6. KickRocks

Posts: 267; Member since: Mar 22, 2011

F U Apple, that is all.

7. fyahking

Posts: 1146; Member since: Jan 28, 2015

Yes, the devil can't win dem all!

8. Carlitos

Posts: 649; Member since: Oct 23, 2011

Lmfaoo and the samsung lawyers come in full force and slay now. GG to your move Apple. I'm glad this happened Samsung,Lg/Android: 1 :Apple: 0

9. DirtyDan23

Posts: 280; Member since: Aug 12, 2014


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