Earlier this month it was revealed Samsung agreed to pay Apple over half a billion dollar settlement from their historic patent battle of a few years ago. Samsung said they reserved the right to claw back some of the payment if a planned appeal to the Supreme Court was successful, indicating the case would continue despite the payment. Today Samsung filed an appeal with the Supreme Court concerning how the court handled design patent violations in the Apple case.
Although Samsung is appealing specific findings in their case with Apple, their arguments are based on a wider front in which they claim courts are mishandling design patents at contention in lawsuits. Samsung says judges are only providing limited guidance to juries about how to interpret design patents and what they may apply to. This is contrasted with utility patents in which very specific instructions are provided.
Samsung also claims the way damages are calculated could result in companies paying damages that are several times larger than the profits made on a product found to infringe on a design patent if multiple patents are violated. The end result is a situation in which design patent trolls are encouraged to engage in litigation. This will also result in stifled innovation and fewer choices for consumers, a point Samsung has tried to make in the past.
source: Re/code
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