Decision in Apple v. Samsung Appeal Lowers Apple's Damages Award

Begun in 2012 over a concern that Samsung's products willfully infringed on Apple's patents for the iPhone, a jury eventually ruled largely in Apple's favor and the Cupertino company was awarded over $1 billion in damages. The award was later slightly reduced after it was determined the original jury had erred in one portion of its decision, but Samsung was still owing roughly $900 million to Apple.

Today, however, a U.S. appeals court is ruling to reverse another significant portion of the judgment, finding Samsung wasn't in violation of "trade dress" and therefore doesn't owe as much as was previously awarded by the courts (via Bloomberg Business).

apple_samsung_logos
The exact portion of the case being reassessed amounts to about $382 million according to Samsung, leaving the Korean company still owing Apple $548 million in damages if the lower courts looking at the case decide to reject this part of the award. The actual award amount will be recalculated by the lower court following today's decision.

The term "trade dress" refers directly to the ways in which a product is packaged and presented, and was originally one of the bigger points of win for Apple when the jury ruled in its favor back in 2012. After Samsung appealed, the appeals court on the case found the iPhone's overall look "can't be protected," thus requiring a recalculation of Apple's estimated $920 million damage award.

The part of the original decision upheld in today's ruling was Samsung's general patent infringement when in comparison with Apple products, including features like pinch and zoom, double tap to zoom, and other basic features patented by Apple. So while Samsung may yet escape without penalty over its phones having a similar look to the iPhone, the company will still be required to pay for violating Apple's patents.

The next part of the case is in limbo as a lower court recalculates the $930 million in damages owed by Samsung. The $382 million of that $920 million awarded to Apple, regarding the trade dress, is what will be addressed specifically by the lower court, with the amount being either lowered or removed altogether from the overall sum.

Tag: Samsung

Popular Stories

iOS 26 Feature

iOS 26.1 to iOS 26.4 Will Add These New Features to Your iPhone

Wednesday October 1, 2025 1:26 pm PDT by
iOS 26 was released last month, but the software train never stops, and iOS 26.1 beta testing is already underway. So far, iOS 26.1 makes both Apple Intelligence and Live Translation on compatible AirPods available in additional languages, and it includes some other minor changes across Apple Music, Calendar, Photos, and Safari. More features and changes will follow in future versions,...
john ternus on stage

Gurman: Major Apple Leadership Shakeup Impending With John Ternus as Next CEO

Monday October 6, 2025 6:21 am PDT by
Apple is entering its most significant leadership transition in more than a decade as multiple senior executives prepare to depart and CEO Tim Cook begins to shape the company's next generation of leaders, according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman explained that Jeff Williams, who was viewed as Cook's potential successor for several...
iPhone 17 vs Air and Pros Feature

New iPhones See 'Stronger Than Expected' Demand With One Exception

Thursday October 2, 2025 7:26 am PDT by
Nearly two weeks after the iPhone 17 series launched, analysts at investment banking firm Morgan Stanley said demand for the devices has been "modestly stronger than we originally expected," based on a combination of extended shipping estimates on Apple's online store and information it gathered from Apple's supply chain. There has been strong early demand for the iPhone 17, iPhone 17 Pro,...
iOS 26 Feature

iOS 26 Adds These 200 New Features and Changes to Your iPhone

Saturday October 4, 2025 8:19 am PDT by
Apple's website offers a list of nearly 200 new features and changes (PDF file) included in the software update, released last month. Apple also shared equivalent lists for iPadOS 26 and macOS Tahoe. iOS 26 is compatible with the iPhone 11 and newer. To install the update, open the Settings app on your iPhone, tap on General, and tap on Software Update. Below, we have highlighted eight ...
macbook air prime day 2025

M5 MacBook Air: Release Date, Features, and Performance Predictions

Friday October 3, 2025 3:39 am PDT by
The MacBook Air is Apple's most popular laptop – a thin, fanless machine that wields quiet power thanks to the efficiency of Apple silicon. While the M4 model isn't exactly old, attention is already turning to its successor. Apple doesn't telegraph new product launches ahead of time, but we can draw a surprisingly clear picture of what to expect by looking at Apple's silicon roadmap,...
iCloud iPhone 17 Pro

Apple Highlights Five Perks for iPhone Users Who Pay for iCloud Storage

Monday October 6, 2025 6:29 am PDT by
After launching new iPhones last month, Apple is promoting iCloud+ with a prominent banner on its home page, in a bid to boost its services revenue. In addition to more storage, all iCloud+ plans include five perks for iPhone users. As a refresher, iCloud includes 5GB of storage for free. If you want extra storage, you need to subscribe to an iCloud+ plan. In the United States, prices range...
ios 26 1 slide to stop

Apple Fixes Alarms in iOS 26.1

Monday October 6, 2025 11:56 am PDT by
With the second beta of iOS 26.1, Apple updated the design of alarms set on the iPhone, making them harder to dismiss than before. Stopping an alarm in iOS 26.1 beta 2 requires a new Slide to Stop gesture rather than a simple tap. You can continue to tap to snooze an alarm, but if you want to turn it off entirely, you need to use a swipe. Transitioning from a tap to a slide gesture to...
ipad mini 7 feature blue

iPad Mini 8 on the Way: Expected Features and Release Timeline

Monday October 6, 2025 5:05 am PDT by
A new iPad mini is "absolutely" on the way, according to Bloomberg's Mark Gurman. So what should we expect from the successor to the iPad mini 7 that Apple released a year ago? Processor and Performance Apple is working on a next-generation version of the iPad mini (codename J510/J511) that features the A19 Pro chip, according to information found in code that Apple mistakenly shared in...

Top Rated Comments

Kaibelf Avatar
136 months ago
Samsung didn't violate trade dress? LOOK AT THEIR PACKAGES AND STORES! Is the judge blind, or just stupid?



Score: 31 Votes (Like | Disagree)
tbrinkma Avatar
136 months ago
Is the color white copyrighted?

No, but the fact that you actually asked that question thoroughly demonstrates your ignorance on the topic.

Hint: Trade dress has nothing to do with copyright.
Score: 16 Votes (Like | Disagree)
cube Avatar
136 months ago
Samsung didn't violate trade dress? LOOK AT THEIR PACKAGES AND STORES! Is the judge blind, or just stupid?

Image (http://faculty.ist.psu.edu/bagby/432F12/T4/uploads/1/5/3/5/15359998/3265085_orig.png?0)

Image (http://33.media.tumblr.com/tumblr_m8lo6hWtPB1qafhi5.jpg)

Is the color white copyrighted?
Score: 16 Votes (Like | Disagree)
BornAgainMac Avatar
136 months ago
One good thing Samsung showed Apple is that the larger phone can improve sales. I don't know if Apple would have discovered that on their own.
Score: 16 Votes (Like | Disagree)
The Samurai Avatar
136 months ago
:cool:
Score: 13 Votes (Like | Disagree)
kdarling Avatar
136 months ago
Samsung didn't violate trade dress? LOOK AT THEIR PACKAGES AND STORES!
You mean, the way that Apple switched their packaging to look like LG's, so the iPhone would be at the top?



Or the way that Apple uses Samsung blue for their Apple Store shirts instead of Apple colors.



Those are shape and color choices, not unique inventions.

Is the judge blind, or just stupid?
Part of it might be that the appeals court judges know more than even the juries. For example, they have access to all the prior art evidence that Apple got banned from the trial. Such as:





Such evidence caused Apple to lose trade dress and design trials in other countries where it was allowed. (It also later helped this same group of appellate judges deny a post-trial Apple request to ban Samsung's phones.) No wonder Apple didn't want a jury to see any of it.

But more importantly in this case, it was the fact that Apple could not prove that their claimed trade dress wasn't functional.

So what's the difference between a design and utility patent then?
A utility patent is for a functional method or implementation. E.g. a new way to connect an outboard motor engine to its propeller. Or a way to recognize a finger versus a cheek on a touchscreen.

A design patent is given for artistic attributes that are ornamental instead of functional. E.g. the exact shape of the outboard motor engine casing, or the exact shape of a phone bezel. Any part that's functional is NOT patentable on its own. E.g. rounded corners cannot be patented, because they also serve a function of preventing injury or making a device more pocketable.

Hmm...still seems odd to me that they'd uphold the design patent infringement but say there was no trade dress. To me the two are very similar.
Usually, trade dress infringement would require Apple to prove that a normal consumer, spending on average a couple of hundred dollars, was fooled into thinking that Samsung's products were made by or approved by Apple.

In this case, the judges decided that much of Apple's designs had functional elements (something that Australian judges had already done a few years ago, btw), and thus didn't even rise to the point of being trade dress at all.
Score: 11 Votes (Like | Disagree)