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In March, the United States Supreme Court agreed to hear Samsung's appeal of a lower court decision that ordered the Korean-based company to pay $548 million to Apple. The Supreme Court's website was updated with its October 2016 term today, noting that the appeal hearing will take place on October 11, 2016. The hearing will be the first of the day.

applevsamsung.jpg

Samsung plans to appeal what it believes are "excessive penalties" for allegedly "copying the patented designs of the iPhone." Specifically, Samsung's petition asks the court to hear two questions: the scope of a design patent and whether patent infringement damages should be based on profits for infringing components or total profits.

The Korean electronics maker has already paid Apple the $548 million settlement, but Samsung can get reimbursed should the Supreme Court reverse or modify the original judgment. Apple had urged the Supreme Court to deny the appeal as it felt Samsung was raising issues that did not "deserve review" in an effort to prolong proceedings.

Article Link: U.S. Supreme Court to Hear Samsung's $548 Million Settlement Appeal October 11
 

Cineplex

macrumors 6502a
Jan 1, 2016
741
2,012
By the time this is resolved the iPhone will be out of production and the watch will be your phone. Does it really matter anymore? Does either side really win at this point?
 

macbeta

macrumors regular
Nov 13, 2009
138
290
They they just need to take it down to East Texas, you can get anything through down there...
 

Cineplex

macrumors 6502a
Jan 1, 2016
741
2,012
Such strange business "partners".

Hey, we're going to sue you for a billion dollars for patent infringement, but could you make us a few hundred million OLED displays in the future for OUR iPhone?

https://www.macrumors.com/2016/06/29/samsung-to-remain-leading-supplier-amoled-panels/

I guess there's no hard feelings when the mighty Dollar has sex with the Won.
They probably hang around the board rooms cracking jokes about it with each other.

Tim: Hahaha! Great thanks for the displays and other components. We really like doing business with you.
Samsung CEO: Thanks, Tim! We value your business!
Tim: So how about that lawsuit, huh! We won again hahahah!
Samsung CEO: Thats okay, we overcharged you on every display! We made $600 million extra! Hahahah!
Tim: Love it! Golf next week?
Samsung CEO: Your paying!
Tim: Not if you get the $500 million back!
Everyone. hahahah! Watch bands!!! hahaha!
 

Nunyabinez

macrumors 68000
Apr 27, 2010
1,758
2,230
Provo, UT
They probably hang around the board rooms cracking jokes about it with each other.

Tim: Hahaha! Great thanks for the displays and other components. We really like doing business with you.
Samsung CEO: Thanks, Tim! We value your business!
Tim: So how about that lawsuit, huh! We won again hahahah!
Samsung CEO: Thats okay, we overcharged you on every display! We made $600 million extra! Hahahah!
Tim: Love it! Golf next week?
Samsung CEO: Your paying!
Tim: Not if you get the $500 million back!
Everyone. hahahah! Watch bands!!! hahaha!

Actually, the part of Samsung that is involved with this has nothing at all to do with the part of them that supplies parts to Apple. Sony and Nintendo are competitors, but Sony Motion Pictures isn't and doesn't have anything to do with the playstation despite being under the same corporate umbrella.
 

69Mustang

macrumors 604
Jan 7, 2014
7,873
15,010
In between a rock and a hard place
...whether patent infringement damages should be based on profits for infringing components or total profits.
So basically Samsung is going to use the same argument Apple uses in their own infringement cases. Copying Apple again.:rolleyes::p:D

Seriously though, based on that argument alone, the judgement should be reduced. Almost all tech companies are advocating for judgement to be based on components and not the full device... ironically, Apple being chief among them. Seems a bit hypocritical to want to pay on component cost but desire to receive payment based on full device cost. Can't have it both ways.
 
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vooke

macrumors 6502
Jul 14, 2014
268
238
So basically Samsung is going to use the same argument Apple uses in their own infringement cases. Copying Apple again.:rolleyes::p:D

Seriously though, based on that argument alone, the judgement should be reduced. Almost all tech companies are advocating for judgement to be based on components and not the full device... ironically, Apple being chief among them. Seems a bit hypocritical to want to pay on component cost but desire to receive payment based on full device cost. Can't have it both ways.
Watch muted silence from Apple fanboys who are ever whining of 'patent trolls' bleeding Apple
 
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pat500000

Suspended
Jun 3, 2015
8,523
7,514
I rather they fight it out physically and smash each other with their flagship phones.
 

tooltalk

macrumors 6502
Jan 15, 2015
415
345
NY, NY
Actually, the part of Samsung that is involved with this has nothing at all to do with the part of them that supplies parts to Apple. Sony and Nintendo are competitors, but Sony Motion Pictures isn't and doesn't have anything to do with the playstation despite being under the same corporate umbrella.

If you are comparing Samsung Securities and Samsung Electronics, that makes sense, but there isn't much difference between Samsung Semi, Display, or Telecomm -- they are all part of Samsung Electronics.

In any case, I hope Apple wins this "total disgorgement" judgement. I'd like to see which patent trolls would go after Apple for design infringement first and disgorge Apple's entire profit.
 
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fermat-au

macrumors 6502
Dec 7, 2009
462
516
Australia
When will these Samsung v Apple lawsuits end?
I just wish that both companies could be successful in getting the other's phone bans from sale.
Everybody wins
 

Mr Fusion

macrumors 6502a
May 7, 2007
812
853
I miss the days when apple used to be an innovative company as opposed to just a litigious one.
Apple's always been litigious. Steve Jobs would've happily bankrupted Apple if it meant exacting revenge on some kid that stole his lunch money in the 4th grade. That dude was born bitter and went to the grave in a similar fashion.

If you're looking for innovation, I suggest cryogenically freezing yourself for a few decades. Apple, Samsung, Microsoft, they're ALL out of ideas. Their product lines are nothing more than computers attached to displays of varying sizes and shapes. They don't know where to go from here. Technology doesn't exist yet to make wearables that aren't lame. But not so distant from now we'll have VR nailed to the point that humanity's last generation will jack in to the Matrix and we'll be done with life as we know it. (And I should add I'm totally cool with that.)
 
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Keane16

macrumors 6502a
Dec 8, 2007
810
671
If you're looking for innovation, I suggest cryogenically freezing yourself for a few decades. Apple, Samsung, Microsoft, they're ALL out of ideas.

Or adjust your expectations. All 3 of the above companies have done innovative things recently.

- TocuhID (and Apple Pay security)
- 3D Touch (fastest way for me to triage my work emails)
- Stepped battery in the Retina MacBook
- Custom designing SoCs
- Custom designed NAND controllers in the iPhone 6s
- Samsung with their improvements in OLED tech.
- SamsungPay allowing non-contaless cards as forms of payment via smartphones.
- Microsoft with the Surface line of All in ones

Innovation doesn't have to be life changing. It's sad that's what MacRumors generally thinks and trot out tired memes. Sometimes innovative things are duds or take time to develop into something good. I still think the Surface has issues (the fan and battery life namely). But in a few generations it will have ironed those out and I'll definitely consider it.

Technology doesn't exist yet to make wearables that aren't lame.

I know lots of people who like their wearables. Fitbits, Pebbles, Gears.

I like my Apple Watch wearable a lot too. Copying from a recent post I made...

"Improved so many aspects of my life. No single life changing feature, but lots and lots of little improvements.

- Walking and cycling directions relayed via wrist tap so I've not got my face glued to a phone screen.
- Buying a drink whilst out on run without a wallet or phone.
- General awareness - so often at work I'd sit for hours working away losing track of time. It's nice getting a simple tap on the wrist to get up, stretch the legs and get some fresh air.
- Customisable complications on the watch face with nice nuggets of information.
- Allowing me to keep my phone fully silent (including vibrate), no more annoying buzz when left on a table in a meeting.
- Phoneless at the gym, workouts logged on the watch and music via bluetooth.
- The little iPhone alert to locate a misplaced phone.

Etc, etc."

Looking forward to the improvements in watchOS 3. A wearable that is not lame for me.
 

oneMadRssn

macrumors 603
Sep 8, 2011
5,598
13,033
Europe
If you're looking for innovation, I suggest cryogenically freezing yourself for a few decades. Apple, Samsung, Microsoft, they're ALL out of ideas. Their product lines are nothing more than computers attached to displays of varying sizes and shapes. They don't know where to go from here. Technology doesn't exist yet to make wearables that aren't lame.

I agree with this. All the mobile device manufacturers have two ideas: (1) sell you another screen, and (2) update that screen every year. First it was TVs, then computers, then laptops, then tablets, then smartphones, then phablets, then smartwatches, then VR systems, and it will keep going. It seems at this point Samsung and the like expect every consumer to juggle at least 4 or 5 screens that are in various states of new or almost out of date.
 
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JacobVR

macrumors newbie
Jan 5, 2016
11
3
US
Actually, the part of Samsung that is involved with this has nothing at all to do with the part of them that supplies parts to Apple. Sony and Nintendo are competitors, but Sony Motion Pictures isn't and doesn't have anything to do with the playstation despite being under the same corporate umbrella.
 

bradl

macrumors 601
Jun 16, 2008
4,517
15,336
To slightly dip into the PRSI world on this..

This is to be heard by an 8-panel SCOTUS, with a ruling to be handed out well past the upcoming POTUS election. Regardless of the outcome of the election, it is safe to say that a new SCOTUS justice will be confirmed.

I don't recall a time in history where SCOTUS was in session for their year when a justice died/retired. What is the precedence on a new justice coming in while a case is being heard at SCOTUS? Obviously, that justice won't be in attendance for the hearing, but should that justice take his/her seat before the ruling is handed down, could and should that justice deliberate on the case?

I ask, because the repercussions from this are huge. If that justice could not deliberate and we end up with a tie, the case could be revisited with the 9-panel SCOTUS. If that justice does deliberate, could one party cry foul and request that the case be retried because the number of justices changed between the original hearing and the ruling?

Again, I don't know of any precedents or rules within SCOTUS that handle this. We have those for when there is an even panel of justices from the start of the hearing to the ruling, but this could be new ground.

BL.
 

mi7chy

macrumors G3
Oct 24, 2014
8,657
9,445
Ironic that Apple has cranked up the copying to 100% lately with copying the iPad Pro from Galaxy Note pen tablet, iPhone Plus size phablet again from Galaxy Note phablet, Apple Watch from rectangular Gear S watch, iOS 10 features from 2011 Touchwiz, etc.
 
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