Apple and Samsung's Long-Running Design Lawsuit Heading to Supreme Court This Week

apple_samsung_logo3Nearly six years after the legal battle over smartphone design similarities began between Apple and Samsung, the two companies are now about to take the case to the United States Supreme Court on Tuesday, October 11.

At stake is the outcome of how much of a combined $548 million patent infringement ruling Samsung will be required to pay to Apple (via Bloomberg).

That amount is taken from Samsung's total profit of the 11 disputed smartphones targeted by Apple in the trial, an amount which Samsung refers to as a "disproportionate" sum for the patent infringement accusations leveled at it by Apple.

The Cupertino company has remained adamant in regards to Samsung's "blatant copying" of various iPhone design features, still fighting to win the full $399 million reward (the case involves approximately another $150 million focused on Samsung's alleged infringement of Apple's pinch-to-zoom patent).

Specifically, Apple's design patents cover "the rounded corners of its phones, the rim that surrounds the front face and the grid of icons that users view." Last December, a federal court in San Jose ruled in Apple's favor, and Samsung appealed days later in attempts to avoid the $548 million reward payment to Apple. In Samsung's appeal, the company gave the court a metaphor centering around owing a car's entire profits to a rival company for infringing upon their cup holder design.

In urging the Supreme Court to take up the appeal, Samsung said the ruling was akin to awarding the entire profits on a car because of an infringing cup-holder. Apple rejects that analogy, saying that its patented features are more like the design of the entire car.

The issue now appears to be focused on the difference between the court determining if Apple's accusations cover individual components of patent infringement, or the entire product. In court records, Apple is said to "accept" that in some cases the patent owner can collect profits only "attributable to a particular component," not the earnings of the entire Samsung smartphone.

All the same, Apple said that Samsung "failed to show that the patented designs applied only to part of its phones" during the previous half-decade of court proceedings, so the latter company's defense of paying less for individual parts of the smartphone shouldn't be allowed to stand. According to lawyer Kannon Shanmugam, the case "has essentially now devolved into a dispute over what party showed what at trial and who bears the burden of proof."

In total the patent dispute amounts to nearly $550 million aimed at Samsung. The company has already paid the amount, but a clause stipulates the potential ruling in its favor requires Apple to pay back the money. Just last week, in a completely separate Samsung-vs-Apple lawsuit, The U.S. Court of Appeals for the Federal Circuit granted Apple a $120 million win over Samsung concerning the company's slide-to-unlock patent.

According to Chicago patent lawyer Paul Berghoff, a clarifying decision on the specific amount owed by Samsung to Apple could be the ultimate "catalyst for a final settlement" in the long-running case.

“Sometimes once litigants have been battling for so long, what happens is they develop levels of enmity and distrust on both sides that make it very difficult to settle the cases,” he said. “Face-saving is a very real issue for all companies. It’s hard to get out of it once you’re in it.”

Interestingly, the case also marks the Supreme Court's first examination of a design patent dispute in 120 years, "which cover the ornamental look of an object rather than any functional aspect." Previously, the Supreme Court oversaw design patents in disputes focused on spoon handles in the 1870s and carpets in the 1890s.

Tag: Samsung

Top Rated Comments

keysofanxiety Avatar
57 months ago
You can't patent "the look and feel" of a device, according to Samsung.

Well, they tried their damnedest to get the look. Shame they couldn't get the same user experience.














Score: 21 Votes (Like | Disagree)
Kangastu Avatar
57 months ago
Samsung defence lawyer: "Your honour we can't possibly have copied Apple, none of their phones are exploding. If the device has no flames you must acquit!"

(I know this dates back 6 years - but hey - it's topical) :)
Score: 11 Votes (Like | Disagree)
kas23 Avatar
57 months ago
Hopefully common sense prevails and the SCOTUS throws this case out. I never owned an Android phone and never will, but I just don't see how the shape of the iPhone is unique. And neither is slide-to-unlock, which was around before the iPhone.
Score: 9 Votes (Like | Disagree)
kdarling Avatar
57 months ago
Ok, I concede that the judge ruled on the legal definition of willful. No argument there. You did use the word intentional instead in your other post though and I don't think anyone, in the face of the evidence, could say that Samsung didn't push the fast follower model to the limit and intentionally copy, clone even, significant amounts of Apple's design.
Yeah, I accidentally used "intentional" because someone else did. Brain glitch.

HTC and Apple (and Microsoft and Apple for that matter) have existing legal arrangements between them.
Right, although it's lop-sided. Apple can use anything of HTCs, but HTC cannot directly copy any design of Apple's.

That alone should tell everyone that Apple used HTC's antenna case design, not the other way around. Otherwise Apple could've stopped them. Instead, HTC publicly said they didn't copy Apple, and Apple has never made a peep.
Score: 7 Votes (Like | Disagree)
iapplelove Avatar
57 months ago
With everything going on in today's world..this seems pretty damn petty.
Score: 7 Votes (Like | Disagree)
kdarling Avatar
57 months ago
For those readers who are intelligent lifeforms, and actually want to know what this appeal is about:

The primary part of this appeal is not about whether Samsung was found to infringe or not.

TL;DR - This is about the calculation of the award for design patents.

-----------------------------------------------------------------------

For decades, one or two design patents pretty much covered an entire product, and normal patent awards were considered sufficient. Then in 1887, in response to a carpet maker getting a tiny award from a copied rug design patent, Congress passed a law that gave design patents a special bonus over utility patents:

* The ability to award all of an infringer's profits to the design patent holder.

And that's what the Koh jury did. They gave Apple all or most of Samsung's profits on certain phones, partly for having an icon grid, flat face and rounded corners. There are other legal questions about them doing that, but...

The BIG question that everyone wants SCOTUS to address, which is whether or not the "entire profits" rule applies to the whole product, or just the parts that infringe.

You see, this is not like a hundred years ago, with simple products. Today's highly integrated devices such as smartphones contain literally thousands of patented items.

Allowing the award to encompass an entire product means that even if, say, Apple used a single patented design element somewhere deep in a control panel, the patent holder could demand ALL of Apple's profits for the entire device.

Worse, it means that EVERY SINGLE design patent holder, large or small, could EACH DEMAND ALL THE PROFITS.

Good God. Taken to extremes, such awards could wipe out Apple and Samsung entirely. Not to mention everyone from the local grocer, to someone making a tiny product with their home savings.

Thus, virtually nobody (except designers, naturally) thinks that this is fair or the true intent of that law. If you think much more complicated utility patent trolls are bad now, then letting someone with a simple patented drawing demand an entire device's profits will bring out trolls like nothing ever seen before... while also putting both large and small companies at huge risk.

Even Apple is now backing off (as many here predicted) their original claim that it should apply to an entire device. They know that they themselves will be in grave danger if that concept stands. Instead, they're falling back on legal nitpicking to claim that SCOTUS should only look at what Samsung presented in that particular trial as proof of what percentage of their products infringed. But nobody wants just that. They want SCOTUS to make a stand.

-----------------------------------------------------------------------
A more detailed explanation of the appeals questions is in one of my previous posts here ('https://forums.macrumors.com/threads/apple-says-u-s-supreme-court-should-reject-samsungs-appeal-request.1954614/page-4#post-22540335').

TL;DR #2 - if you're one of those who thinks VirnetX shouldn't get a half billion dollars from Apple for a few fairly important utility patents, then you'd sure better start backing Samsung's side. Because that's nothing compared to the billions that someone with a tiny design patent could demand and get.
Score: 7 Votes (Like | Disagree)

Top Stories

iphone 6 in hand

Apple Faces Another iPhone Lawsuit Over 'Programmed Obsolescence'

Monday March 1, 2021 6:44 am PST by
Apple faces a new class-action lawsuit that accuses it of deliberately releasing iOS updates that slowly reduce the performance of an iPhone, forcing customers to upgrade their devices. The lawsuit comes from the Portuguese Consumer Protection Agency, Deco Proteste (via Marketeer), which in a statement says that it will proceed with a case against the Cupertino tech giant because it...
PIA23764 RoverNamePlateonMars web

NASA Mars Perseverance Rover Uses Same PowerPC Chipset Found in 1998 G3 iMac

Tuesday March 2, 2021 3:21 am PST by
NASA's Perseverance rover, which recently made history landing on the surface of Mars, is powered by the same processor used in an iMac more than 23 years old. Image Credit: NASA As reported by NewScientist (via Gizmodo), the rover includes the PowerPC 750 processor, the same chip used in the G3 iMac in 1998. The main chipset is the same; however, there are differences between the...
magsafe charging brick feature

Prosser: iPhone 12 MagSafe Battery Pack to Feature Reverse Charging

Monday March 1, 2021 1:18 pm PST by
Apple is working on MagSafe-compatible battery packs that will be compatible with the iPhone 12 models, and leaker Jon Prosser today said on the Genius Bar podcast that one version of the battery pack will feature "reverse charging." According to Prosser, Apple is working on two versions of the battery packs, one that's a standard version and one that's a premium version with reverse...
rosetta 2

Rosetta May Be Removed From M1 Macs in Some Regions on macOS 11.3

Tuesday March 2, 2021 5:20 pm PST by
Installing the upcoming macOS 11.3 software update on an M1 Mac may result in Rosetta 2 being removed in one or more regions around the world. In the third beta of macOS 11.3 seeded to developers for testing today, MacRumors contributor Steve Moser uncovered new strings in the beta's code indicating that "Rosetta will be removed upon installing this update." Another new string reads "Rosetta ...
iphone 12 pro display video

iPhone 13 to Include 1TB Storage Option and LiDAR Across the Board, Says Wedbush Analyst

Monday March 1, 2021 4:00 am PST by
Apple's forthcoming iPhone 13 could include a 1TB storage option for some models and LiDAR Scanners across the entire lineup, according to a report from Wedbush analysts. In a new note to investors, seen by MacRumors, Wedbush analyst Daniel Ives said that initial Asian supply chain checks gave the firm "increased confidence" that Apple's 5G-driven product cycle would extend well into 2022,...
Apple Prefer Lightning Over USB C Feature

iPhone Sticking With Lightning Port Over USB-C for 'Foreseeable Future'

Tuesday March 2, 2021 9:32 am PST by
Apple will retain the Lightning connector on the iPhone for the "foreseeable future," with no intention of switching to USB-C, according to reliable analyst Ming-Chi Kuo. In spite of much of the industry moving toward USB-C, Apple will not be using it to replace the Lightning connector on the iPhone 13, or indeed on any iPhone model for the time being. In a note seen by MacRumors yesterday,...
iphone 12 120hz thumbnail feature

Kuo: iPhone 13 Lineup to Feature Smaller Notch and Larger Batteries, 120Hz Display for Pro Models, and More

Monday March 1, 2021 7:50 am PST by
iPhone 13 models will all feature a smaller notch, while the two Pro models will be equipped with low-power LTPO display technology for a 120Hz refresh rate, analyst Ming-Chi Kuo said today in a research note obtained by MacRumors. Subscribe to the MacRumors YouTube channel for more videos. Several other sources have previously claimed that some iPhone 13 models will support a 120Hz refresh...
Screen Shot 2021 03 03 at 11

MagSafe Charging Port for iPhone Appears in Apple Patent

Wednesday March 3, 2021 1:30 am PST by
In a newly granted patent, Apple envisions a type of connectivity port using an iteration of its magnetic MagSafe charger to charge an iPhone, potentially paving the way for a future without Lightning. Submitted to the United States Patent and Trademark Office on Tuesday (via Patently Apple), the patent outlines a three-pinned MagSafe charger, similar to the ones found in older MacBook...
apple transfer google photos 1

Apple Launches Service for Transferring iCloud Photos and Videos to Google Photos

Wednesday March 3, 2021 12:04 pm PST by
Apple this week introduced a new service that's designed to make it quick and easy for iCloud users to transfer their stored photos and videos to Google Photos. As outlined in an Apple support document, you can go to Apple's privacy website and sign in to see the "Transfer a copy of your data" option. If you select this and go through all the steps, Apple will transfer your iCloud photos and ...
galaxy s21 iphone 12 pro max front feature2

Kuo: Some 2022 iPhones to Abandon Notch in Favor of 'Punch-Hole' Display

Monday March 1, 2021 8:05 am PST by
At least some 2022 iPhone models will abandon the notch and switch to a "punch-hole display design" instead, similar to Samsung's recent high-end Galaxy smartphones, analyst Ming-Chi Kuo said today in a research note obtained by MacRumors. Kuo said the hole-punch display design will be adopted by high-end 2022 iPhones at a minimum, and if production yields are good enough, all 2022 iPhone...