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Apple asks Supreme Court to rule on Samsung patent damages

Apple has asked the Supreme Court to uphold a jury's award for damages in a long-running patent dispute with rival Samsung Electronics.

The legal battle between Apple and Samsung began in 2011 when Apple filed a lawsuit against Samsung claiming the company infringed on Apple's iPhone trademarks, trade dress, and utility and design patents.

In 2012, a jury trial awarded Apple $1 billion in damages, finding that Samsung had infringed on six different patents.

The award dropped to $548 million when an appeals court in 2015 vacated the jury's award for Samsung infringing on Apple's design and shape, or its "trade dress."

The Supreme Court agreed to review Samsung's question of whether the Korean company would have to pay the full $548 million decided by lower courts, of which $399 million would be from the total profits of eleven smartphones that infringed on two of Apple's design patents.

Samsung contended that the lower courts were forcing Samsung to pay based on total profits of the phone when the infringement may just be 1% the value of Samsung's phones.

Apple has disagreed. On Friday, Apple stated that there was no need for any further court proceedings and that the Court should not rewrite Section 289, which states that infringement of a design patent is,"liable to the owner to the extent of his total profit."

Instead, Apple is arguing the jury’s award of Samsung’s total profits from the sale of its infringing smartphones should stand.

http://www.usatoday.com/

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