Samsung Appeals to U.S. Supreme Court in Last Effort to Avoid $548 Million Apple Payment

[Tech198]

in the courts words they would argue that u do not need to keep up to date with tech, just to hear two sides to every story.. Its a case, not a a tech lesson.

Up to date understanding helps, but not so much in a court case..

You don't need to understand how the internet works in order to use it.. same goes with everything.

 

[tooltalk]

Samsung is spitting in the face of intellectual property rights and ethics, the very same foundation that helped build all of this and enabled them to grow into a world power. They're doing this to mock and demoralize the US patent system; which no matter what anyone says is still the strongest in the world. It's a vile, disgusting and shameless firm, infested with rotten management practices and blatant disregard for anything but short term profits.

spitting in what? First, Samsung is #2 in US patents granted and will be #1 in no time. (http://www.cnbc.com/2015/12/14/samsung-set-to-unseat-ibm-in-us-patent-wars.html) Most of Apple patents asserted against Samsung on other hand have been invalidated which forced Apple to drop all their lawsuits against Samsung this year -- except in Apple's hometown court. And you want to talk about disgusting / shameless companies? how about disgusting protectionism and crony judicial system/ gov't.

 

[tooltalk]

in the courts words they would argue that u do not need to keep up to date with tech, just to hear two sides to every story.. Its a case, not a a tech lesson.

Up to date understanding helps, but not so much in a court case..

You don't need to understand how the internet works in order to use it.. same goes with everything.

This appeal has nothing to do with tech -- Apple's hometown court jury already decided that Samsung infringed Apple's design. But whether (1) Apple is entitled to Samsung's "entire profit," rather than an appropriate portion of their profit (apportionment) and (2) non-ornamental design elements can also be patented.

If Samsung prevails in (1), the damage will be reduced greatly; and in (2), the case has to be remanded for yet another retrial.

 

[blacktape242]

I for one am so tired of this junk....at this point who freaking cares.

 

[gnasher729]

spitting in what? First, Samsung is #2 in US patents granted and will be #1 in no time. (http://www.cnbc.com/2015/12/14/samsung-set-to-unseat-ibm-in-us-patent-wars.html) Most of Apple patents asserted against Samsung on other hand have been invalidated which forced Apple to drop all their lawsuits against Samsung this year -- except in Apple's hometown court. And you want to talk about disgusting / shameless companies? how about disgusting protectionism and crony judicial system/ gov't.

Since you make the same claim again and again, you can surely entertain us with some Apple patents that have been invalidated.

 

[apolloa]

This story should have the tagline: Only In America....

Cause everyone else told Apple where to go.

 

[Kaibelf]

Maybe if they include "S Touch 3D" patents in the brief they will have a compelling argument.

 

[citysnaps]

Yep ever since apple copied Samsung's screen sizes. Every company steals from each other so I don't see Samsung being able to prove that they didn't and getting off.

Our patent system needs some major reforms, but this isn't a case that seems likely going to make the Supreme Court to make any changes to it.

Cool. I'm going to develop (and patent) a 75" inch sofa. Because it's more innovative than the common six foot long variety. Next up: 8 1/2 foot long 2x4 lumber.

 

[logicstudiouser]

I for one am so tired of this junk....at this point who freaking cares.

Samsung and Apple care.
Lot of money on the line and Samsung should be defending itself to the end. And as a for profit company, Apple should be pursuing every penny it feels entitled too. You don't just let that kind of money go without a fight.

 

[sentiblue]

The original iPhone was 3.5", Android manufacturers, Samsung among them were the ones that started having screens above 4" which Apple then decided to copy. That's not a bad thing, but they still followed where everyone else was going on screen size. And all the manufacturers draw on each other's ideas when they come up with new designs.

Let's get one thing straight about patents guys... Patented stuffs must be patentable. PERIOD!

Having said that, stuffs like size, shape are not patentable... and they are there fore not copying or stealing anyone's ideas. If somebody said "6 months old" is their idea, then nobody else can make things that last 6 months or more. Is that stealing/copying?

Make sure you understand the fact that the geometric proportion of the screen dimentions are directly related to the theory of pixels and refresh rates and resolution bit-rates. Just because Apple made the 4" phone after Samsung, it didn't mean Apple copied.

On the other hand... patentable stuffs like forcetouch, spring swipe when being made by your competitor after you patented it... that's called copying/stealing. During the course of the case, Plaintiff showed an internal Samsung document that compares iPhone to Galaxy piece by piece and suggesting which piece should be changed in the favor of Apple so that Galaxy can be a better device. This was one of the biggest smoking guns that landed $1B penalty in the first place.

 

[tooltalk]

Samsung never copied any Apple product. They just accidentaly did the same year after Apple.

That's probably what Apple was telling LG (Prada) back in 2007. And these things actually happen quite frequently, but you are not legally liable if you can produce evidence that you'd been working on it long before LG patented/trademarked their product.

 

[MH01]

Yawn. This is still ongoing and will be for years no doubt. Soon the legal fees will be greater than any $ apple gets. Says a lot about the legal system, if you got the money to fight a case. To the average joe, seemed a very blatant case of infringement.

 

[69Mustang]

Since you make the same claim again and again, you can surely entertain us with some Apple patents that have been invalidated.

http://www.fosspatents.com/2015/08/us-patent-office-considers-apples-d677.html
http://www.geek.com/apple/apples-slide-to-unlock-patent-invalidated-by-top-german-court-1632073/
http://www.theverge.com/2012/10/24/...alidity-of-apple-bounce-back-patent-rejection

Disclosure: Just did a quick google. DNR these. But here you go.

 

[tooltalk]

This is the last court you want to appeal to for favor against an American Icon in Industry.

According to Kim Moore, author of "Xenophobia in American Courts," US jury ruling in favor of domestic litigant is nothing new. This isn't obviously the first and won't be the last. Apple's lawyers also tried to capitalize on this "xenophobia" during the second Apple-Samsung trial and their blatant xenophobia was called out by the court.

Do you by any chance support Trump?

 

[Benjamin Frost]

The Supreme Court should reinstate the original $1B award.

Or triple it to $3 billion.

 

[Zirel]

Yep ever since apple copied Samsung's screen sizes.

Yep...

Did Samsung hold a patent for their 4.7" and 5.5" screen sizes? They should!

 

[Fender2112]

"Samsung says the jury was not provided with enough information to understand the patents,"

And whose responsibility is this?

 

[usarioclave]

The key part of the trial was probably when Samsung's lawyers decided not to reject the jury guy who had patent experience.

At this point it's doubtful that there's any question of law involved in this case, so the appeal will probably be rejected with no comment.

 

[Norbs12]

No, that's simply impossible and that's not what either parties are arguing here.

I guess samsung has nothing to lose then.

 

[Pearl-g]

The original iPhone was 3.5", Android manufacturers, Samsung among them were the ones that started having screens above 4" which Apple then decided to copy. That's not a bad thing, but they still followed where everyone else was going on screen size. And all the manufacturers draw on each other's ideas when they come up with new designs.

copy a phones screen size? what?? so are all TV manufactures copying off each other? c'mon stop being stupid

 

[Pearl-g]

Yep...

Did Samsung hold a patent for their 4.7" and 5.5" screen sizes? They should!

this is ****ing stupid... should Samsung patent the 55" TV too? a screen size is irrelevant. samsung has copied much more, just look at the designs of their OS's and phones. dont be dumb here. samsung is well known for copying a device and paying for it later once profits have been had.

http://samsungcopiesapple.tumblr.com/

 

[Zirel]

Please stop spreading the lie that Samsung was the first company to produce large-screen phones. HTC did it before them, and the original iPhone did it before HTC.

In fact, back when the OG iPhone was introduced, January 2007, with a "giant" 3.5" screen, the largest Samsung phone was the i750, with a mere 2.6" screen. This was the LARGEST, and was discontinued back then.

this is ****ing stupid... should Samsung patent the 55" TV too? a screen size is irrelevant. samsung has copied much more, just look at the designs of their OS's and phones. dont be dumb here. samsung is well known for copying a device and paying for it later once profits have been had.

http://samsungcopiesapple.tumblr.com/

It was sarcasm.

 

[Andrei90]

Yep ever since apple copied Samsung's screen sizes. Every company steals from each other so I don't see Samsung being able to prove that they didn't and getting off.

Our patent system needs some major reforms, but this isn't a case that seems likely going to make the Supreme Court to make any changes to it.

Copied screen sizes? Lol.

 

[samcraig]

this is ****ing stupid... should Samsung patent the 55" TV too? a screen size is irrelevant. samsung has copied much more, just look at the designs of their OS's and phones. dont be dumb here. samsung is well known for copying a device and paying for it later once profits have been had.

http://samsungcopiesapple.tumblr.com/

I know whenever I want legal opinions and news, I always turn to Tumblr.

 

[kdarling]

copy a phones screen size? what?? so are all TV manufactures copying off each other? c'mon stop being stupid

Usually, putting out various model sizes is normal for a manufacturer. The reason Apple catches heat for doing so, is because it's been such a huge reversal of their publicly stated our-size-is-best and others-are-bad claims.

Two of Apple's CEOs stated that their size choice was the perfect one. Jobs claimed it for the iPad, saying that anything smaller would require sandpapered fingertips. Cook claimed it for the iPhone, saying it was the right size, and put out an ad about how the size was based on common sense.

So when Apple later reversed course and did make the smaller iPad mini and the larger iPhone 6, it was NOT considered normal, but instead obviously based on a desire to copy the sales success of the size choices made by competitors like Samsung.

For instance, we know from trial documents that Apple started work on the iPad mini because an Apple VP used a smaller Samsung tablet, and found it to be quite usable, despite Jobs' claims.