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
93 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
93 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
93 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
93 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
93 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
93 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)

Popular Stories

iphone 14 pro max vs 13 max 2

Camera Comparison: iPhone 14 Pro Max vs. iPhone 13 Pro Max

Thursday September 29, 2022 7:44 am PDT by
The iPhone 14 Pro and Pro Max introduce some major improvements in camera technology, adding a 48-megapixel lens and low-light improvements across all lenses with the new Photonic Engine. We've spent the last week working on an in-depth comparison that pits the new iPhone 14 Pro Max against the prior-generation iPhone 13 Pro Max to see just how much better the iPhone 14 Pro Max can be. Subscrib ...
tony blevins car

Apple Procurement VP Departs Company After Vulgar TikTok Comment

Thursday September 29, 2022 12:38 pm PDT by
Tony Blevins, Apple's vice president of procurement, is set to depart the company after he made a crude comment about his profession in a recent TikTok video, reports Bloomberg. Blevins was in a video by TikTok creator Daniel Mac, who was doing a series on the jobs of people he spotted with expensive cars. After seeing Blevins in an expensive Mercedes-Benz SLR McLaren, Mac asked Blevins what ...
Dark Sky App Featured

Dark Sky Removed From iOS App Store Ahead of Upcoming Shutdown

Wednesday September 28, 2022 4:27 pm PDT by
The Dark Sky weather app that's owned by Apple is no longer available for download in the U.S. App Store, suggesting that it has been removed ahead of schedule. Apple acquired Dark Sky back in March 2020 and has since incorporated elements of the app into the Weather app available on the iPhone (and soon, the iPad). Dark Sky remained available for purchase as a standalone weather app...
adaptive transparency airpods pro

iOS 16.1 Beta Brings Adaptive Transparency to Original AirPods Pro

Thursday September 29, 2022 1:08 pm PDT by
The third beta of iOS 16.1 that was released earlier this week expands the Adaptive Transparency feature introduced with the second-generation AirPods Pro to the original AirPods Pro. As noted on Reddit, first-generation AirPods Pro owners who also have the AirPods beta software will now see an "Adaptive Transparency" toggle in the AirPods section of the Settings app. The 5A304A beta...
tim cook malala

Tim Cook: Not Too Long From Now, You'll Wonder How You Led Your Life Without AR

Thursday September 29, 2022 7:26 am PDT by
Speaking at Università Degli Studi di Napoli Federico II in Naples, Italy, Apple CEO Tim Cook said that not too long from today, people will wonder how they led a life without augmented reality, stressing the "profound" impact it will have on the not so distant future. At the university, Cook was awarded an Honorary Degree in Innovation and International Management and also sat down for a...
iPhone 15 to Switch From Lightning to USB C in 2023 feature sans arrow

Kuo: iPhone 14 Pro Max Popularity Could Lead to More Differentiation Between iPhone 15 Pro and iPhone 15 Pro Max

Wednesday September 28, 2022 10:22 am PDT by
Apple has seen high demand for the 6.7-inch iPhone 14 Pro Max, which could lead the company to further differentiate the next-generation iPhone 15 Pro and Pro Max, according to Apple analyst Ming-Chi Kuo. Apple could add exclusive features to the iPhone 15 Pro Max in an effort to encourage more people to purchase the larger and more expensive device. Kuo last week said that Apple asked...
iOS 16 Wallpaper Spectrum Feature

Five Wallpaper Apps to Check Out for iOS 16's New Lock Screen Depth Effect

Thursday September 29, 2022 9:08 am PDT by
One of the biggest new features in iOS 16 is a completely redesigned iPhone Lock Screen. The new Lock Screen is entirely customizable, letting you change the colors and fonts, add widgets and new wallpapers, and more to make your iPhone uniquely yours. Of course, even before iOS 16, you could customize your Lock Screen with a wallpaper of your choice. iOS 16 takes the Lock Screen wallpaper...
apple watch ultra deuglify 1

Apple Watch Ultra User Mods Titanium Casing to 'Deuglify' Design

Tuesday September 27, 2022 8:05 am PDT by
An Apple Watch Ultra user has modified their new device's casing to add a brushed finish and remove the orange color of the Action Button in an effort to make it more visually appealing. The Apple Watch Ultra offers the first complete redesign of the Apple Watch since the product line's announcement in 2014, and while the design has been met with praise from many users, some have criticized...
mx mechanical keyboard logitech

Logitech Launches New 'Designed for Mac' Mice and Keyboards

Wednesday September 28, 2022 12:01 am PDT by
Logitech today announced the launch of several new mice and keyboards that have been developed for use with Apple's Macs, including Logitech's first mechanical keyboard that has been optimized for the Mac. The MX Mechanical Mini for Mac Keyboard has a keyboard layout designed for Macs, with tools to customize shortcuts with Logi Options+. The keyboard uses Tactile Quiet low-profile switches...
iphone 14 iphone 14 plus in hand feature

iPhone 14 Is Secretly Hiding a Beloved Mac Feature

Friday September 30, 2022 3:24 am PDT by
The iPhone 14 and iPhone 14 Pro models bring over a longstanding Mac feature, but the setting to enable it is off by default. The feature, which is actually a new accessibility option, allows the iPhone to play a startup chime like the Mac. When enabled, the sound comes alongside a new shutdown chime. The Mac has featured a startup chime since 1987's Macintosh II, and the iconic "bong"...