The Mercury News

Samsung, Apple feud may go to Supreme Court.

- Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz.

tries,” Samsung’s legal team wrote in a bid to hold off paying Apple hundreds of millions of dollars in damages for the patent violations.

Without comment, the U.S. Federal Circuit Court of Appeals last week rejected Samsung’s request to reconsider a ruling earlier this year largely backing Apple — leaving the Supreme Court as the only legal option left for Samsung to try to overturn the adverse jury verdict.

Given the timing, the Supreme Court could decide by the end of its term next June whether to take the case.

Samsung maintains that a three-judge Federal Circuit panel erred earlier this year when it left intact a jury’s verdict that the South Korean tech giant’s smartphone­s and tablets infringed Apple’s design patents.

That part of the verdict — which has been pared from an original judgment of $1 billion — accounts for about $400 million of the $548 million in damages Samsung still must pay Apple from their first trial.

Silicon Valley heavyweigh­ts such as Google, Facebook and HewlettPac­kard backed Samsung’s request for a rehearing and are likely to urge the Supreme Court to take the case.

Samsung appealed a San Jose jury’s August 2012 verdict that it violated Apple’s patent or trademark rights in 23 products, such as the Galaxy S2 smartphone, as well as about $930 million in damages awarded to the iPhone maker. The case, known as “Apple I,” was the first of two trials between the feuding tech titans. Another federal jury last year found Samsung copied iPhone technology in more recent products, but awarded $120 million in damages, a fraction of what Apple sought. That case also has been appealed to the Federal Circuit.

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