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Samsung asking US appeals court to reconsider last month’s ruling to uphold damages

Mercury News reports that Samsung has asked a federal appeals court to reconsider the U.S Federal Circuit Court’s decision to uphold damages from Samsung to Apple over the company copying the iPhone. Samsung is asking that the Court of Appeals and a 12 judge roster to rehear its case, claiming that the 3 judge setup used earlier this year failed to adequately rule on the case.

Samsung’s lawyers said the following in a statement:

“Unlike rugs, spoons, and simple mechanical objects, smartphones incorporate hundreds or thousands of different patented technologies, and it is undisputed here that Apple’s design patents claim only partial, minor features of such devices.”

Last month, the U.S. Court of Appeals partially reversed the $930 million verdict Apple won against Samsung. Apple was originally awarded $1 billion in damages before $450 million was vacated. A retrial awarded Apple $290 million for that portion, giving Apple $930 million total. Samsung then appealed  and was partially successful, reducing Apple’s total reward to $548 million.

Samsung has been fined for infringing on Apple’s patents relating to iPhone, but not for making a phone that looked similar in appearance to the iPhone.

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Comments

  1. this feels like their 50th appeal over the last 4 years. when is enough enough

  2. Paul Andrew Dixon - 9 years ago

    A patent is a patent — it is there to protect the patent holder…you pay for permission from the patent holder…

    it probably doesnt help the matter that some of samsung phones do look almost identical — granted this is a patent war, but samsung dont really have the argument “we have’t copied and used the patents correctly”

  3. daitenshe - 9 years ago

    Here we can see Samsung applying the “Awwww… Come on…” defense

  4. triguyfun - 9 years ago

    I for one, hope that Samsung is successful in having another trial to appeal: May Apple once again be awarded the True copy infringement that Samsung has indeed ‘stolen’ and a more fair 1 Billion dollars yet again be awarded to Apple. Samsung is but one company that prior to iPhone, has never had a device even close to what the iPhone introduced!

    • Rich Davis (@RichDavis9) - 9 years ago

      But part of the design was Google’s OS.

      • triguyfun - 9 years ago

        Huh? No, Google never had an OS in ’95/96/97 when Apple was working on iOS. (Apple did include Google maps within iOS: but that’s NOT an OS). You may want to do some research. Google’s CEO even left Apple’s Board of Directors as it was a ‘conflict of interest’ when Google decided to put together Google 1. (Their original (failed) attempt at an imitation iPhone).

  5. irelandjnr - 9 years ago

    FU Sammy. Sucks to be Sammy.

  6. 89p13 - 9 years ago

    Steal the Intellectual Property and then whine about the outcome of the trial – yeah, that’s Shamesung!

    Especially when they are losing smartphone market share and have nothing to fight back with.

  7. Jim Hsiao - 9 years ago

    They also want to copy fingerprint reader but they couldn’t. Thats how they start to lose their market share to other smaller but more competitive companies.

Author

Avatar for Chance Miller Chance Miller

Chance is an editor for the entire 9to5 network and covers the latest Apple news for 9to5Mac.

Tips, questions, typos to chance@9to5mac.com

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