The epic legal battle pitting Apple against its bitter
rival Samsung over the design of the iPhone reaches a new level today
when it heads to the US Supreme Court.
The high court
is set to hear arguments over financial damages the South Korean
smartphone giant owes Apple for allegedly violating design patents by
producing copycats of its groundbreaking smartphone.
Observers
are watching the case closely to see how the court, which has not taken
up a design patent case in more than a century, tips the balance
between technological innovation and protecting intellectual property. A
ruling is expected in several months.
The US Court
of Appeals for the Federal Circuit upheld a USD 400 million verdict,
part of a nearly billion-dollar award in Apple’s favour later reduced to
USD 548 million, that found Samsung had copied the iPhone’s distinctive
front screen and graphical touchscreen user interface.
California-based
Apple had protected those features with US design patents that concern
the way items look. They are distinct from utility patents, which
protect how articles are used and work, and do not concern copyrights or
trademarks.
Samsung is challenging the verdict,
disputing how damages are calculated in design patent cases. Such awards
are currently determined by devices’ “total profit,” in accordance with
a statute first adopted in 1887 and re-adopted in 1952.
Samsung
argues it should be held liable only for some portion of the profit
tied to patented design aspects, given the many innovative components
that go into the making of smartphones. Apple interprets the statute
more narrowly, saying it is entitled to all profits from Samsung’s
phones.
The legal battle, which began
more than five years ago, could have major repercussions in a tech
industry where design and innovation play key roles in distinguishing
one device from another.
But a major debate is underway on just how much protection should be granted for visual design.
In
preparation for its arguments before the Supreme Court, Samsung
obtained the support of major Silicon Valley and other IT sector giants,
including Google, Facebook, Dell and Hewlett-Packard, as well as a
group of law professors.
Apple, for its part, got backing from big names in fashion and manufacturing, such as Calvin Klein and Adidas, and the American Intellectual Property Law Association, whose members, largely lawyers, represent owners and users of intellectual property
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