Following a request for a rehearing of its battle with Apple earlier this summer, Samsung last week had its plea denied by the U.S. Federal Circuit Court of Appeals, putting the case on its last leg. Samsung was hoping that the federal appeals court would reconsider the U.S Federal Circuit Court’s decision to uphold damages from a 2012 ruling. Following last week’s rejections, Samsung’s final option would be to appeal to the U.S. Supreme Court, and now it appears that the company is doing just that.

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The San Jose Mercury News reports that Samsung is planning to ask the Supreme Court by November to hear its appeal regarding the 2012 iPhone patent case. “The questions present issues of enormous importance to patent litigation and the scope of innovation, especially in high-technology industries,” Samsung’s legal team said. The Supreme Court has until the end of its term next June to decide if it wants to take the case.

Earlier this week, the U.S. Patent Office invalidated Apple’s original iPhone patent involved in this Samsung lawsuit, but as we noted at the time, that likely won’t have much effect on the case. The verdict in the Samsung v. Apple case was decided three years ago and saw Apple awarded $1B in damages with the jury finding that Samsung infringed five of its patents. $450M of that award was later vacated after calls for a retrial. Apple was then given a lower award of $290M, making for a grand total of $930M.

The Supreme Court appeal is seemingly Samsung’s last shot at getting more of the damages vacated, and given that its last appeal request was denied without even a comment from the Court of Appeals, the company doesn’t have much of a leg to stand on with the Supreme Court.


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