Court Affirms Samsung v. Apple Ruling

Samsung still owes Apple a ton of money…

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Yes…  The landmark trial between Apple and Samsung still isn’t settled.

Late last week, a US Federal Circuit court of Appeals denied Samsung’s request for a new en banc review of a previous decision.  This decision largely kept Apple’s patent infringement win intact.  Samsung’s last, and only resort is the US Supreme Court.

A couple of months ago, Samsung petitioned the Court for a rehearing of a previous decision regarding the patent infringement trial against Apple.  Specifically, the appeals court in May found that the readjusted jury trial award was correct.  At stake, is the $400M damage award that Samsung claims is incorrect.

The issue is that Samsung says a “complex device like a tablet or smartphone (the iPad or iPhone) uses [potentially] thousands of patented technologies.”  They’ve noted that Apple only asserted a few that cover minor features of the whole device. Samsung also claims that patents successfully leveraged during the trial are ineligible for damage awards.

If you remember, late last month, news hit the wire that companies like Dell, eBay, Facebook, Google, HP and others wrote a Friend of the Court brief supporting Samsung in their assertion.  These firms warned the court that if Apple were successful in the damages trial, it would “lead to absurd results and have a devastating impact on companies, including amici, who spend billions of dollars annually on research and development for complex technologies and their components.”

Apparently, the Friend of the Court brief didn’t sway the Court.

What’s left now, is a wait and see game.

We’re waiting and seeing because the SCotUS is a fickle lot.  They don’t hear every case brought before them.  They get to pick and choose which cases to hear; and if they decline to hear the case, then the last decision is upheld.

In this case, that means that the final award tally of $548M – though still currently being contested by both parties – is likely going to be the FINAL award.  …And that’s IF Samsung even decides to go that route.  They may just have to “man up” and take their medicine.

The graphic, above, is still VERY damning to Samsung’s case, even after an additional 4-5 years. I owned at least three of Samsung’s devices shown in the Before iPhone block.  It’s clear and insanely obvious that after the iPhone was released, their designs DRASTICALLY changed to copy its profile.  What was copied internally and in violation of Apple owned patents was – and is – for the courts to decide.

What are your thoughts on this issue?  Why don’t you join me in the discussion area below, and give me your take on the whole Apple v. Samsung issue?  I’d love to hear them.

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