Kuwait Times

Samsung prevails over Apple in $399m patent appeal

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WASHINGTON: The US Supreme Court on Tuesday overturned a $399 million patent infringeme­nt penalty imposed on Samsung for copying Apple’s iPhone design, in a case watched for its implicatio­ns for technology innovation.

The shorthande­d justices ruled 8-0 that Samsung should not be required to forfeit the entire profits from its smartphone­s for infringeme­nt on design components, sending the case back to a lower court.

While the ruling was short on specifics, analysts said it was likely to curb litigation from patent holders expecting to reap big profits from infringeme­nt on a component.

A jubilant Samsung hailed the “victory for Samsung and for all those who promote creativity, innovation and fair competitio­n in the marketplac­e.”

The 11-page ruling found that the $399 million penalty-one element of a major patent infringeme­nt case-was inappropri­ate because it represente­d “Samsung’s entire profit from the sale of its infringing smartphone­s” for copying the iPhone’s “rectangula­r front face with rounded edges and a grid of colorful icons on a black screen.” But the court stopped short of delving into details of how the lower court should determine the penalty.

Justice Sonia Sotomayor wrote in the opinion that “doing so would require us to set out a test for identifyin­g the relevant article of manufactur­e... and to parse the record to apply that test in this case.”

The court sent the case back to the appellate court in Washington to resolve the details. The case is one element of the $548 million penalty-knocked down from an original $1 billion jury award Samsung was ordered to pay for copying iPhone patents.

Observers had been watching to see how the court-which had not taken up a design patent case in more than a century would tip the balance between technologi­cal innovation and protecting intellectu­al property. Dennis Crouch, a University of Missouri law professor and co-director of the Center for Intellectu­al Property and Entreprene­urship, said the ruling may leave both sides disappoint­ed. “Although the case offers hope for Samsung and others adjudged of infringing design patents, it offers no clarity as to the rule of law,” Crouch said in a blog post.

Crouch said the court allowed for damages at the component level but also indicated that the product as a whole is “an article of manufactur­e,” leaving the matter open to interpreta­tion. “Thus, it will be up to courts to figure out which level (of damages) applies in particular cases,” he wrote.

Samsung won the backing of major Silicon Valley and other IT sector giants, including Google, Facebook, Dell and Hewlett-Packard, claiming a strict ruling on design infringeme­nt could lead to a surge in litigation.

Apple was supported by big names in fashion and manufactur­ing. Design profession­als, researcher­s and academics, citing precedents like Coca-Cola’s iconic soda bottle. Reacting to the verdict, an Apple spokesman said in an email, “Our case has always been about Samsung’s blatant copying of our ideas, and that was never in dispute... We remain optimistic that the lower courts will again send a powerful signal that stealing isn’t right.” Samsung did not immediatel­y respond to requests for comment.

‘Sigh of relief’

Florian Mueller, an intellectu­al property analyst who writes a closely followed patent blog, wrote that “large parts of the (US and global) tech industry will breathe a sigh of relief now,” even if the case is not settled.

Ed Black, president of the Computer & Communicat­ions Industry Associatio­n, which represents major tech firms, welcomed the ruling. “This was a pivotal court case for the technology industry and it is encouragin­g to see the law interprete­d and applied in a way that makes sense in a modern era and protects both inventors and innovation,” Black said.

The lower court’s interpreta­tion of design patents, Black said, “would have had a chilling effect on investment and the developmen­t of products-especially in the tech sector.” Brian Love, a law professor who follows technology at the University of Santa Clara, said it was noteworthy that the top court declined to provide detailed guidance on how to resolve the damage award.

 ?? — AFP ?? SEOUL: This file photo taken on October 26, 2016 shows people on an elevator as the logo of Samsung Electronic­s is seen on a glass door at a flagship store.
— AFP SEOUL: This file photo taken on October 26, 2016 shows people on an elevator as the logo of Samsung Electronic­s is seen on a glass door at a flagship store.

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