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Samsung asks Supreme Court to throw out $399M judgment
The 1887 law on patent design infringement is quite outdated and does not set relevant precedents in cases like these. On Monday, the South Korean company filed a motion with the United States Supreme Court, asking the country’s highest legal arbiter to take one final look at its now nearly five year long dispute with Apple. It’s challenging an appeals court ruling that Samsung had infringed the design patents and that the law entitles Apple to a cut of Samsung’s total profits from smartphones that used patented designs. The company contends, “Even if the patented features contributed one percent of the value of Samsung’s phones, Apple gets 100 per cent of Apple’s profits”. So yes, Samsung is in, in effect, contesting how much it has to pay Apple, which is already a reduced amount thanks to subsequent appeals. “We applaud the court for finding Samsung’s behaviour wilful and for sending a loud and clear message that stealing isn’t right”.
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Even as Apple won court judgments backing its claims that its patents were infringed, it was not able to persuade courts to order Samsung to stop selling the products.
In the jury trial, Apple submitted an internal Samsung memo saying the iPhone showed that Samsung faced a “crisis of design”. In addition, Samsung doesn’t agree with how design patent damages are calculated, contending that in a patent infringement case, the victimized company should not be permitted to recoup all the money the offending company made on the affected products, where the patents at issue comprised only a portion of those products.
“We value originality and innovation and pour our lives into making the best products on Earth”, Ms Rachel Wolf Tulley, a company spokesman said. The company said at the time that it makes its “products to delight our customers, not for our competitors to flagrantly copy”.
Which brings us to the root of Samsung’s case for the Supreme Court. The Court of Appeals rejected Samsung’s argument.
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“As with many large tech companies in the top 10, particularly the foreign ones, the patents are primarily used for defensive purposes”, he said. Apple’s evidence included a series of photographs of Samsung smartphones before and after the iPhone was introduced in 2007, and the models increasingly came to resemble Apple’s design.