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

iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Launching Later This Year With These 10 New Features

Sunday March 23, 2025 10:00 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of March 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
macbook pro blue green

When Will Apple Release the M5 MacBook Pro?

Wednesday March 26, 2025 4:53 pm PDT by
Apple regularly refreshes the MacBook Pro models, and a new version that uses M5 series chips is in the works. Apple just finished refreshing most of the Mac lineup with M4 chips, and now it's time for the M5. Rumors suggest that we could see the first M5 MacBook Pro models this fall. Design There have been no rumors of a design update for the M5 MacBook Pro models that are coming this...
Apple Lumon Terminal Pro

Apple's Mac Site Features Fictional 'Lumon Terminal Pro'

Wednesday March 26, 2025 12:19 pm PDT by
Apple is going all out with promotions for the popular Severance Apple TV+ show today, and as of right now, you'll find a new "Lumon Terminal Pro" listed on Apple's Mac site. The Lumon Terminal Pro is designed to look similar to the machines that Severance employees like Mark S. and Helly R. use for macrodata refinement. The Terminal features a blue keyboard, a small display with wide...
Facebook Feature

Facebook's New iPhone App Feature Turns the Clock Back to 2007

Thursday March 27, 2025 1:59 pm PDT by
In the mid-to-late 2000s, Facebook was all about staying connected with friends and family. However, as the social media platform added new features and grew over time, that core experience began to get drowned out. That changes starting now, according to Meta, which today introduced a new feature that will "bring back the joy" of classic Facebook. Specifically, Meta has redesigned the...
Generic iOS 18

iOS 18.4 Coming Soon With These New Features for Your iPhone

Tuesday March 25, 2025 6:45 am PDT by
Apple is expected to release iOS 18.4 to the general public as soon as next week, following more than a month of beta testing. Apple's website says some iOS 18.4 features will be released in "early April," so the update should be out as early as Tuesday, April 1. Apple this week seeded the iOS 18.4 Release Candidate, which is typically the final beta version, barring the discovery of any...
iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Supports 8K Video Recording, Suggests Leaker [Updated]

Wednesday March 26, 2025 4:06 am PDT by
Update 7:25 pm: Based on comments from our forums, it appears the original Weibo post may have been mistranslated and "8K" actually refers to the high price of the device rather than 8K video recording capabilities. The iPhone 16 Pro currently starts at 7,999 yuan in China. Our original article follows below. Apple's forthcoming iPhone 17 Pro models are capable of shooting 8K video, up...
iOS 18 4 Ambient Music Control Center

How to Use iOS 18.4's New Ambient Music Feature in Control Center

Thursday March 27, 2025 7:45 am PDT by
The upcoming iOS 18.4 update for the iPhone adds an Ambient Music feature to Control Center. Below, we take a closer look at how it works. iOS 18.4 is currently in beta, so the Ambient Music feature is not widely available yet. The update will likely be released to the general public next week. To use the feature on iOS 18.4, open Control Center and tap on the plus sign in the top-left...
Foldable iPhone 2023 Feature 1

'iPhone Fold' to Feature Metallic Glass Hinge That Resists Deformation

Thursday March 27, 2025 4:21 am PDT by
Last week, we covered a report claiming that Apple's book-style foldable iPhone (or "iPhone Fold," as we are provisionally calling it here) will use liquid metal hinges to improve durability and help minimize screen creasing. Today, a Chinese leaker provided more details on the properties of this hinge material that help to clarify why Apple chose it for its first foldable device. According...
iOS 18

iOS 18.4 Expected Next Week - Here Are the Release Notes

Friday March 28, 2025 2:01 pm PDT by
With the second release candidate of iOS 18.4 that Apple seeded out today, the company finally provided us with release notes that give a full rundown on what to expect. There's an Apple Vision Pro app, new Apple Intelligence features for notifications and additional language support, plus an Apple News Food feature for Apple News+ subscribers, and several updates that should improve the...

Top Rated Comments

Kaibelf Avatar
129 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
129 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
129 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
129 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
129 months ago
:cool:
Score: 13 Votes (Like | Disagree)
kdarling Avatar
129 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)