Samsung has decided to take to the United States Supreme Court its patent battle with Apple.
Samsung Electronics Co Ltd paid Apple Inc $548.2 million, fulfilling part of its liability stemming from a 2012 verdict for infringing Apple’s patents and copying the iPhone’s look.
“Samsung is escalating this case because it believes that the way the laws were interpreted is not in line with modern times. If the current legal precedent stands, it could diminish innovation, stifle competition, pave the way for design patent troll litigation, and negatively impact the economy and consumers.”
Apple did not address the new petition, but said in a statement, “We make these products to delight our customers, not for our competitors to flagrantly copy.”
The U.S. Supreme Court will need to decide whether or not to hear the case.
Specifically, Samsung is asking the court to review rulings concerning “design patents” that cover the look and feel of a product. At trial, Apple convinced the jury that basic design elements of certain Samsung smartphones—essentially a rectangle with rounded corners and a touch-screen grid made up of smaller icons—borrowed too closely from Apple’s iPhone design.
Samsung argues that lower courts made two mistakes …
- First, suggests the company’s lawyer, the judge failed to properly instruct the jury on the difference between ‘functional’ and ‘ornamental’ features. Samsung said that its smartphones had to adopt the same general form factor as the iPhone in order to perform the function of a smartphone.
- Second, the company says that the damages awarded were too high.
Samsung and Apple agreed last year to drop all litigation outside of the United States, meaning that the appeals of these two verdicts are the only remaining legal issues in what was at one time a battle on four continents (North America, Europe, Australia and Asia).
Other technology firms like Facebook and Google have stood in support of the argument that unless the current verdict is reversed, there will be growing fear of legal challenges when introducing a new product into the market.