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Samsung takes Apple patent case to US Supreme Court
In this December 12, 2013 file photo, a man passes by the Samsung Electronics Co logos at its headquarters in Seoul, South Korea
Business
December 14, 2015

Samsung takes Apple patent case to US Supreme Court

SAN FRANCISCO, United States (AFP) — Samsung, on the losing end of a massive smartphone patent lawsuit, appealed on Monday to the US Supreme Court in hopes of overturning a ruling that it pay US$548 million to rival Apple.

The two hi-tech behemoths went to court over the designs that have now become commonplace on most popular smartphones, with a court ruling in 2012 in favour of Apple.

At issue were design features by now familiar to consumers: a black, rectangular, round-cornered phone front, a surrounding rim, known as the “bezel” and a grid of 16 colourful icons.

Those design elements were protected, prompting the jury to award Apple all the profits from sales of smartphones containing those features, Samsung lawyers said in their filing.

“While Samsung prefers to compete in the marketplace, not the courtroom, the company feels that it is important to appeal this case to the US Supreme Court on behalf of all US companies, big and small, that could be affected if this legal precedent stands,” the company said in an e-mail response to an AFP inquiry.

Several of the world’s technology titans filed briefs supporting Samsung while the case was in federal circuit court in Silicon Valley, according to the firm.

Attorneys for the South Korean consumer electronics titan argued that the massive payout was not warranted, because smartphones “contain countless other features that give them remarkable functionality wholely unrelated to their design.” “Even if the patented features contributed one per cent of the value of Samsung’s phones, Apple gets 100 per cent of Samsung’s profits,” the appeal said.

In response to an AFP inquiry, Apple said it stands by its comment after the trial victory in 2012. “The lawsuits between Apple and Samsung were about much more than patents or money,” the Apple statement said.

“They were about values. We applaud the court for finding Samsung’s behaviour willful and for sending a loud and clear message that stealing isn’t right.” Samsung pays up Samsung early this month agreed to pay smartphone rival Apple just over US$548 million in the years-long patent battle in federal court in California.

However, the agreement came with one key proviso, as the two tech giants agreed to continue “to pursue the existing cases in US courts”.

Samsung said in a legal filing that it would pay Apple the partial judgement awarded but that it reserved the right to get money back if the amount is modified or overturned on appeal or if the validity of patents at issue is successfully challenged.

Apple said in the joint filing that it disagrees with Samsung’s contention that it has a right to be reimbursed.

A court in September awarded Apple the partial judgment. Samsung’s options narrowed to simply paying the money or trying to take its fight to the US Supreme Court.

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