The Supreme Court has set October 11 as the date when Apple Inc. (NASDAQ:AAPL) vs. Samsung patent dispute will be heard. Apple has been urging the Supreme Court not to hear the case by claiming that Samsung had its day on the court, but the Supreme Court in March announced that it would hear Samsung’s Appeal. The hearing of this case at the highest Court will bring the five-year long dispute to an end. A verdict is expected to be delivered sometime in December or January.
The United States Department of Justice, last month filed an amicus brief on behalf of Samsung. It suggested that the Supreme Court should overturn the ruling and send the case back to the trial court.
The whole dispute started back in 2011 when Apple alleged that Samsung had infringed on parts of the iPhone design. After years in court, Samsung agreed to pay Apple $548 million last December, after losing the original case and a subsequent appeal. Despite this Samsung still, claims that it saw an excessive judgment.
Samsung wants to be refunded if developments work in its favor. Obviously, Apple has to dispute this though Samsung maintains that the judge failed to instruct the jury properly on the difference between functional and ornamental features, and the damages were not calculatedcorrectly.
The hearing will center around two patents, which Apple claims that Samsung infringed on.Another major argument will be whether design patent damages should only be calculated by profits attributed to the infringement in question or the entire device
While Apple has already pocketed $548 million from Samsung, the outcome from the Supreme Court could see Apple reimburse Samsung part of or the whole settlement. A Samsung win could put the settlement inquestion because the amount is calculated on the whole-device profits.
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