Samsung to Appeal to U.S. Supreme Court in Ongoing Patent Battle With Apple

Samsung is planning to take its ongoing patent war with Apple to the United States Surpreme Court, reports the San Jose Mercury News. In court papers filed today, Samsung said that by November it would ask the Supreme Court to hear its latest appeal.

"The questions present issues of enormous importance to patent litigation and the scope of innovation, especially in high-technology industries," Samsung's legal team wrote in a bid to hold off paying Apple hundreds of millions of dollars in damages for the patent violations.

Samsung's decision comes following a rejection from the U.S. Federal Circuit Court of Appeals last week, where the court refused Samsung's request for a new trial. Samsung had asked the court to reconsider a decision earlier this year that left the company on the hook for a $548 million payout to Apple.

applevsamsung
Samsung and Apple have been battling over patent infringement issues since 2012, when a jury ruled Samsung willfully violated several Apple patents, resulting in $1 billion in damages. Since then, Samsung has been fighting the ruling, and over the course of several appeals and a partial retrial, has gotten the damages reduced to the aforementioned $548 million total. If Samsung is successful, the Supreme Court could throw out another $400 million in damages.

Earlier this week, the United States Patent and Trademark Office invalidated a key iPhone design patent that was used in the Apple v. Samsung lawsuit, handing down a non-final rejection that Samsung could use in its appeal to the Supreme Court. Samsung also has the backing of technology companies like Facebook, Google, eBay, HP, and Dell, who have claimed the ruling against Samsung would "lead to absurd results and have a devastating impact on companies."

Samsung may, however, have difficulty getting the Supreme Court to hear its case. Of the thousands of cases that the Supreme Court is asked to review each year, it agrees to hear approximately 100 to 150.

Tag: Samsung

Top Rated Comments

Mlrollin91 Avatar
81 months ago
No way the Supreme Court is going to hear this. They review 100-150 cases a year and only rule on 60-70 cases a year. This is not a SCOTUS issue. Samsung should just quit before it costs them more than the fine.
Score: 22 Votes (Like | Disagree)
Daalseth Avatar
81 months ago
Anything to drag this out. In another year when they've exhausted the SC avenue and the judgement stands they will find some other idea for appeal. In another three to five years when all of those are exhausted they will then drag out actually paying for a decade or more.

That's Samsung's business model: Steal litigate, drag it out, repeat.
Score: 19 Votes (Like | Disagree)
AngerDanger Avatar
81 months ago
I sort of just wish they'd kiss and get all of this romantic tension out of the way.



And a few passion-filled months later, the sPhone 6S Edge was born unto the world.

Attachment Image
Score: 14 Votes (Like | Disagree)
Analog Kid Avatar
81 months ago
Sorry in advance for the length on this-- it's a response to two long posts that probably belong together...
I am merely pointing out Apple is in NO WAY innocent, it steals just the same.
Ok maybe you can relate to this more then, and as said the Swiss Railway Company threatened to take Apple to court and that's why Apple paid, Apple should have followed the law and asked them if they could use their design first. So don't try and twist it round.

Anyway, I'll use this example then ('http://www.cnet.com/news/apple-settles-with-creative-for-100-million-1/'): Apple copied creatives patented technology, creative sued them and won, and as the iPod sales were so important to Apple it just paid rather than risk iPod imports being banned.
So Apple stole patented technology, were sued, attempted to counter sue and lost on both accounts.

And Samsung is innocent, the patent Apple won with has been void, it no longer exists, with the case still going on with all these appeals then that needs to be taken into account.
Apple was only using the law to get Samsung products off the shelf to gain market share, it came up with rubbish reasons like they copied the colours black and white, they copied this basic sketch of a rectangle with round corners...

I can think of two devices that copied, the Galaxy 1 and the icon design for the new smart watch they have coming. I'm not talking about all the other patents.
I am just pointing out Apple is in no way innocent.
Or what about the Ericsson dispute, Ericsson are losing money to Apple because Apple refuses to pay them to license their technology that goes into every single cellular equipped iOS device. Everyone else pays them but not Apple, they want to twist the law to get a better deal, and refused to accept a fee decided by the courts which Ericsson offered to Apple.

The are stealing patented technology which is costing money to Ericcson because that's how Apple does business, and this has been going on for several months, so how many iOS devices have been sold in that time? Ericsson have 4 court cases lined up in 4 different countries if Apple doesn't settle by December. Apple has of course attempted to counter sue as it always does, but at the end of the day they are stealing Ericssons patented technology. In effect Apple is performing the very act they accuse Samsung of.
First, the lead story is about Samsung taking their case to the Supreme Court because they don't think they should have to pay their court ordered fine. Most of your arguments are either just noise and smoke to avoid discussing the subject, or essentially making the argument that "two wrongs make a right, neener, neener". I can't really tell which.

As far as my twisting things around, you'll have to explain how I'm doing that. You said Apple infringed and then paid fines. I'm agreeing. My point is simply that by giving a long list of times that Apple infringed, and paid their fines, is not helping your (implied) argument that Samsung should be let off the hook.

The one point you've made that may be relevant (almost by accident, it seems) is that the USPTO just issued a non-final ruling that D6'77 may not hold the priority date that they'd said it does. That's a reversal on the PTO's part, and possibly, but not necessarily, relevant. I suspect, by your characterization, that you haven't actually read the ruling. The patent has not been invalidated-- you can tell because the little check box "b[] This action is made FINAL" (sic) is not checked. It is merely a communication from USPTO saying that barring further arguments from Apple (and you know there will be some) they're moving towards invalidating the patent.

If you read the ruling, you will also see that USPTO indicates what remedies Apple may follow to retain their patent. Search for phrases in the ruling like, "the examiner suggests overcoming this rejection in one of the following ways", and "the rejection may be overcome by showing". PTO phrases their communication like an email that says "Let us know what you think. If we don't hear back, we'll assume you're ok with this and we'll just go ahead and gut your business. Have a good weekend." Lawyers, and geek lawyers in particular, aren't big on the warm fuzzies.

Other than that, Creative and Swiss Rail are arguments in favor of Samsung ponying up. Apple infringed and paid. The threat of court is meaningless in this context-- it's standard boilerplate in a legal letter.

Ericsson is fresh litigation. Contrary to your statements, Apple had been paying license fees until their agreement expired in January. They were unable to come to agreement on the next fee schedule. Ericsson took them to court rather than continuing negotiations (or as a way of continuing negotiations). If you have a patent in a pool required to implement an industry standard technology you are permitted a "fair and non-discriminitory" license fee. The fact that this went to court in no way says that Apple is in the wrong, nor does it say that Ericsson is. When the kids can't get along, they appeal to the parents to settle the dispute. When it is resolved, if Apple refuses to pay their license fees for the period between January and the final ruling, you'll have a point. Until then you're just slinging mud.
Score: 12 Votes (Like | Disagree)
Mac Fly (film) Avatar
81 months ago
Buddy bought an S5 recently and the water resistant trapdoor on the bottom of the charging port fell off after two days of use. I asked him did he get it fixed, he said no, they wouldn't fix it. He said they said it was a cosmetic issue, and they were not responsible. Junk company.
Score: 12 Votes (Like | Disagree)
The Mad Hatter Avatar
81 months ago
One quick example, before people go all 'nuclear' on Samsung on here, perhaps I should remind you of this:



The trademarked clock owned by the Swiss Railway company that Apple STOLE and put into iOS, it then released said iOS update with the trademarked clock to the public and that was the first time the Swiss Railway Company knew Apple had stolen it.
The Swiss Railway Company then approached Apple who then paid 21 million $ for it's use, most likely to save embarrassment of removing the trademarked clock design they stole and because Apple was threatened with legal action.

Just showing that Apple steals too.
...But unlike Samsung, Apple paid up. They didn't keep taking the SRC to court repeatedly to get the fine down (or removed).
Score: 11 Votes (Like | Disagree)

Related Stories

studio buds family

Beats Studio Buds Debuting Today With Active Noise Cancellation, Stemless Design, and More for $150

Monday June 14, 2021 8:00 am PDT by
We've seen a lot of teasers about the Beats Studio Buds over the past month since they first showed up in Apple's beta software updates, and today they're finally official. The Beats Studio Buds are available to order today in red, white, and black ahead of a June 24 ship date, and they're priced at $149.99. The Studio Buds are the first Beats-branded earbuds to truly compete with AirPods...
youtube apple tv

YouTube Discontinuing 3rd-Generation Apple TV App, AirPlay Still Available

Wednesday February 3, 2021 3:09 pm PST by
YouTube is planning to stop supporting its YouTube app on the third-generation Apple TV models, where YouTube has long been available as a channel option. A 9to5Mac reader received a message about the upcoming app discontinuation, which is set to take place in March.Starting early March, the YouTube app will no longer be available on Apple TV (3rd generation). You can still watch YouTube on...
gradiente iphone white

Brazilian Electronics Company Revives Long-Running iPhone Trademark Dispute

Tuesday May 19, 2020 1:06 pm PDT by
Apple has been involved in a long-running iPhone trademark dispute in Brazil, which was revived today by IGB Electronica, a Brazilian consumer electronics company that originally registered the "iPhone" name in 2000. IGB Electronica fought a multi-year battle with Apple in an attempt to get exclusive rights to the "iPhone" trademark, but ultimately lost, and now the case has been brought to...
YouTube Picture in Picture Feature

YouTube Premium Subscribers Can Now Use iOS Picture-in-Picture: Here's How

Wednesday August 25, 2021 3:55 am PDT by
Google has rolled out picture-in-picture support as an "experimental" feature for YouTube premium subscribers, allowing them to watch video in a small window when the app is closed. If you're a premium YouTube subscriber looking to try out picture-in-picture, follow these steps: Launch a web browser and sign into your YouTube account at YouTube.com. Navigate to www.youtube.com/new. Scroll...
apple privacy

Apple Publishes FAQ to Address Concerns About CSAM Detection and Messages Scanning

Monday August 9, 2021 1:50 am PDT by
Apple has published a FAQ titled "Expanded Protections for Children" which aims to allay users' privacy concerns about the new CSAM detection in iCloud Photos and communication safety for Messages features that the company announced last week. "Since we announced these features, many stakeholders including privacy organizations and child safety organizations have expressed their support of...
apple screen time screen icons

Persistent Kids Finding Loopholes in Apple's Screen Time Limits

Tuesday October 15, 2019 9:44 am PDT by
Apple is currently engaged in a cat-and-mouse game with persistent kids looking to circumvent Screen Time restrictions, but the company has been receiving some criticism for not moving quickly enough to lock down some of the loopholes, reports The Washington Post. A few of the loopholes and ways for parents to shut them down are documented on the site Protect Young Eyes, while these and...
2012macpro

Apple Outlines Metal-Capable Cards Compatible With macOS Mojave on 2010 and 2012 Mac Pro Models

Monday September 24, 2018 3:26 pm PDT by
Apple's new macOS Mojave update is not compatible with mid-2010 and mid-2012 Mac Pros with stock GPUs, but it is supported on 2010 and 2012 Mac Pro models that have been upgraded with graphics cards that support Metal. Apple today shared a new support document that provides a list of graphics cards that are Metal-capable, which will be useful for 2010 and 2012 Mac Pro owners who want to...
bluetti eb70 main

MacRumors Giveaway: Win a Bluetti EB70 Portable Power Station and 200W Solar Panel

Friday September 3, 2021 11:13 am PDT by
For this week's giveaway, we've teamed up with MAXOAK to offer MacRumors readers a chance to win a Bluetti portable power station and an accompanying solar panel. Bluetti makes a range of portable power station options that are useful for camping, emergencies, power outages, off-grid living, and similar situations. The Bluetti EB70 is a solid middle of the road option that offers 716Wh and...
anker lightning cable mfi

Unwrap a New Apple Device? Stock Up on Extra Certified Lightning Cables for as Little as $6

Monday December 25, 2017 5:45 am PST by
If you unwrapped an Apple product today it likely came with one of the company's first-party Lightning cables, but having an extra on hand is always a good idea, so you can place it in other rooms in your house, in your car, or in a bag when you travel. For that reason, now's a good time to shop for third-party Lightning cables that are cheaper than Apple's own accessory, but still Made For...
ipad pro 10 5

Apple Discontinues 10.5-Inch iPad Pro Following Launch of Lower-Priced 10.5-Inch iPad Air

Monday March 18, 2019 6:09 am PDT by
Apple has stopped selling the second-generation 10.5-inch iPad Pro, originally released in June 2017, after launching a new 10.5-inch iPad Air today. The 10.5-inch iPad Pro had remained available from $649 following the release of 11-inch and 12.9-inch iPad Pro models in October 2018, but it has been replaced by the 10.5-inch iPad Air with a cheaper starting price of $499. The new iPad...