• Samsung Looking to Reverse Apple's $930 Million Patent Infringement Award

    by
    Akshay Masand
    Published on 2014-12-06 07:16 AM
    4 Comments Comments


    Lawyers for Samsung recently sought to have vacated the $930 million judgment awarded to Apple earlier this year in a patent infringement lawsuit are saying the sum was “absurd” in a recent appearance before a US appeals court. Samsung attorney Kathleen Sullivan argued that the South Korean company’s handsets couldn’t have infringed Apple’s design or trade dress patents because they didn’t feature other things such as Apple’s logo or an iPhone-like home button.

    Sullivan then reportedly compared the basis of the award, all of Samsung’s profits from each of the offending devices, to “awarding entire profits on a car because of an infringing cup holder.” She told the judges the following:

    Apple was awarded Samsung's total profits on those (Samsung) phones, which was absurd.
    Apple attorney William Lee shot back stating that the iPhone “is not the cup holder.” Lee added by stating the following:

    What Samsung is actually asking you to do ... is to substitute yourself for Judge Koh and the jury.
    For those of you who didn’t know, Samsung was first found guilty of infringement in 2012 and ordered to pay Apple $1.05 billion. Presiding Judge Lucy Koh struck roughly $450 million off of that award and set a retrial to assess the damages. A jury ended up setting the award at $290 million.

    As of right now it’s unknown how the appellate court will rule but we’ll find out soon enough by being patient.

    Source: Reuters
    This article was originally published in forum thread: Samsung Looking to Reverse Apple's $930 Million Patent Infringement Award started by Akshay Masand View original post
    1. Categories:
    2. iPhone,
    3. Apple
    Comments 4 Comments
    1. SpiderManAPV's Avatar
      SpiderManAPV - 2014-12-06, 07:28 AM
      How many appeals are they allowed? Seems like this is like the third or so.
    1. Jahooba's Avatar
      Jahooba - 2014-12-06, 11:44 AM
      You can appeal up, as I understand it, from lower courts to higher ones. In the USA the Supreme Court has the final say, but this won't get that far.
    1. necktweaker's Avatar
      necktweaker - 2014-12-06, 03:49 PM
      Samsung attorney Kathleen Sullivan argued that the South Korean company’s handsets couldn’t have infringed Apple’s design or trade dress patents because they didn’t feature other things such as Apple’s logo
      Since when is it only patent infringement if you use the same logo?
    1. SpiderManAPV's Avatar
      SpiderManAPV - 2014-12-06, 06:38 PM
      Quote Originally Posted by Jahooba View Post
      You can appeal up, as I understand it, from lower courts to higher ones. In the USA the Supreme Court has the final say, but this won't get that far.
      I dunno. I just thought patent infringement was slightly different. Not sure why I thought that lol.

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