Apple versus Samsung 2016: Tech Giants Go To Supreme Court Over iPhone Design Patent; Galaxy Note 7 Paying $1 Billion In Damages?

By AASalvador , Updated Oct 12, 2016 01:25 PM EDT

Samsung and Apple brought their battle over the iPhone design patent to Supreme Court. Each side agrees that they are both fighting for the value of innovation and creativity. Giant tech companies are also divided in their views regarding copying of the iOS design. Alphabet and Facebook are siding with Samsung, while Lord Norman Foster and Sir Paul Smith have taken strides with Apple.

Samsung maintains that there should be a fair interpretation of law that promotes creativity and competition. Kathleen Sullivan, Samsung's lawyer, said that they are hoping the Supreme Court will give a "fair" and "sensible" reading to the design patent issue.

In 2011, Apple sued Samsung for patent infringement. A jury decided in favor of Apple and awarded them with $1 billion saying that iPhone's rounded corners and app icons in colorful grid where copied. A separate appeal has already been made by the South Korean company, and is now heading to Supreme Court. Apple is steadfast in protecting iPhone's design patent saying that there is a need to defend themselves from those who want to steal their ideas. Noreen Krall, Apple's litigation officer, said Samsung "poses chilling risks" to the future of creativity and innovation.

Supreme Court will not consider whether Samsung Galaxy smartphone has copied iPhone design but rather the scale of loss or damages it has done to Apple. In the US Congress, there is a 129-year old ruling that says that "it is the design that sells the article."

Samsung appeals to Supreme Court that the damages imposed are not proportionate. It should only be based on the specific parts of the product that was infringed, and not on the entire profits. Apple's counter position says Samsung had not provided enough evidence to support their claims. The Supreme Court is expected to decide over Samsung and Apple battle over the iPhone design patent after several months.

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