It’s taken six whole years, but both Samsung and Apple will be able to take their case over similarities between the pair’s smartphones to the United States Supreme Court on Tuesday, October 11. Depending on the outcome, over half a billion dollars are at stake, with Apple claiming that Samsung violated its patents with regards to smartphone design.
For those wondering where the sum comes from, or how it was determined, that sum is apparently derived from Samsung’s total profit from sales of the 11 disputed smartphones targeted by Apple in the trial.
Samsung predictably says the possible fine is disproportionate to the claims Apple is making about smartphone design similarities between products the pair sold six years ago, but that is not stopping Apple from forging ahead.
Apple believes Samsung infringed upon its patents that cover “the rounded corners of its phones, the rim that surrounds the front face and the grid of icons that users view.” Samsung, as you might expect, disagrees and believes that the sums of money at play here are incorrectly calculated, suggesting that it is akin to fining a car company for the entire cost of a car range even though they only infringed upon a patent for a cup-holder. Apple, however, sees things differently.
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.
This is the first time in 120 years that the Supreme Court has faced examination of a design patent dispute, so this whole thing will be a relatively unique affair for all those involved.
We somehow doubt that all parties will enjoy that common thread amongst them all.
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