Apple and Samsung are no strangers to each other in the courts. In fact, most of the time it is the two who are in court with each other. However, by the time December rolled around it had been thought that the epic court battles between the two were finally coming to an end with Samsung finally agreeing to pay Apple in the region of $550 million. Significantly less than what Apple had been seeking, but an agreement nonetheless.
However, within a week or two of the agreement being reported, new reports began to emerge detailing that Samsung had now appealed to the U.S. Supreme Court and specifically asking them to evaluate the entire design patent lawsuit process, claiming that it was by default, an unfair system. As to be expected, Samsung was using their current liability as a case in point. At the time, this appeared to some as more of a last ditch attempt by Samsung than anything else. Although it quickly became clear that the bigger picture patent issue was one many other companies, groups and organizations were sympathetic towards. As such, these companies applied to be amicus curiae in the case, a friend to the court. As you might expect, Apple was not one of those companies and has now responded to Samsung’s claims in new court filings.
In countering Samsung’s argument, Apple states that the judgement made against Samsung is one which is ‘normal’ or as Apple puts it “legally unexceptional“. As a result Apple is asking the court to no longer keep the appeal going and to abide by the judgement that the “properly instructed jury” came to in the original suit. In terms of addressing the bigger design patent issue which seems to be gaining traction in its own right, Apple notes that Samsung’s case is not of enough importance to warrant a Supreme Court ruling. Of course, if the Supreme Court does consider the case to be important enough to review, then any ruling by the court could result in rather far reaching implications going forward. In terms of the current case though, Samsung is said to have responded to Apple’s response by way of a statement which notes Apple “stands alone” in the matter.