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

iOS 26.2 Available Next Month With These 8 New Features

Tuesday November 11, 2025 9:48 am PST by
Apple released the first iOS 26.2 beta last week. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date....
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...
m1 chip slide

Five Years of Apple Silicon: M1 to M5 Performance Comparison

Monday November 10, 2025 1:08 pm PST by
Today marks the fifth anniversary of the Apple silicon chip that replaced Intel chips in Apple's Mac lineup. The first Apple silicon chip, the M1, was unveiled on November 10, 2020. The M1 debuted in the MacBook Air, Mac mini, and 13-inch MacBook Pro. The M1 chip was impressive when it launched, featuring the "world's fastest CPU core" and industry-leading performance per watt, and it's only ...
iphone pocket%402x

Apple Debuts iPhone Pocket, a Limited Edition iPod Sock-Style Accessory

Tuesday November 11, 2025 1:23 am PST by
Apple has teamed up with Japanese fashion house ISSEY MIYAKE to launch iPhone Pocket, a 3D-knitted limited edition accessory designed to carry an iPhone, AirPods, and other everyday items. The accessory is like a stretchy pocket, not unlike an iPod Sock, but elongated to form a strap made of a ribbed, elastic textile that fully encloses an iPhone yet allows you to glimpse the display...
CarPlay Pinned Messages

iOS 26.2 Adds New CarPlay Setting

Thursday November 13, 2025 6:48 am PST by
iOS 26 extended pinned conversations in the Messages app to CarPlay, for quick access to your most frequent chats. However, some drivers may prefer the classic view with a list of individual conversations only, and Apple now lets users choose. Apple released the second beta of iOS 26.2 this week, and it introduces a new CarPlay setting for turning off pinned conversations in the Messages...
homepod mini colors

New HomePod Mini Coming Soon With These Features

Tuesday November 11, 2025 7:30 am PST by
Apple is expected to announce a new HomePod mini imminently, headlining with new chips. Here are all of the new features we're expecting. The second-generation HomePod mini is highly likely to contain a more up-to-date chip for more advanced computational audio and improved responsiveness. The current HomePod mini is equipped with the Apple Watch Series 5's S5 chip from 2019. Apple is likely ...
homepod mini thumb feature

New HomePod Mini, Apple TV, and AirTag Were Expected This Year — Where Are They?

Wednesday November 12, 2025 11:42 am PST by
While it was rumored that Apple planned to release new versions of the HomePod mini, Apple TV, and AirTag this year, it is no longer clear if that will still happen. Back in January, Bloomberg's Mark Gurman said Apple planned to release new HomePod mini and Apple TV models "toward the end of the year," while he at one point expected a new AirTag to launch "around the middle of 2025." Yet,...
ios 26 digital id passport wallet

Apple Announces Launch of U.S. Passport Feature in iPhone's Wallet App

Wednesday November 12, 2025 9:15 am PST by
Apple today announced that iPhone users can now create a Digital ID in the Apple Wallet app based on information from their U.S. passport. To create and present a Digital ID based on a U.S. passport, you need: An iPhone 11 or later running iOS 26.1 or later, or an Apple Watch Series 6 or later running watchOS 26.1 or later Face ID or Touch ID and Bluetooth turned on An Apple Account ...
Tesla Charging

Tesla Working to Add Apple CarPlay Support to Vehicles

Thursday November 13, 2025 8:31 am PST by
Tesla is working to add support for Apple CarPlay in its vehicles, Bloomberg's Mark Gurman reports. Tesla vehicles rely on its own infotainment software system, which integrates vehicle functions, navigation, music, web browsing, and more. The automaker has been an outlier in foregoing support for Apple CarPlay, which has otherwise become an industry standard feature, allowing users to...
iphone air thinness

iPhone Air Sales Are So Bad That Apple's Delaying the Next-Generation Version

Monday November 10, 2025 11:41 am PST by
The thin, light iPhone Air sold so poorly that Apple has decided to delay the launch of the next-generation iPhone Air that was scheduled to come out alongside the iPhone 18 Pro, reports The Information. Apple initially planned to release a new iPhone Air in fall 2026, but now that's not going to happen. Since the iPhone Air launched in September, there have been reports of poor sales...

Top Rated Comments

Kaibelf Avatar
137 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
137 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
137 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
137 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
137 months ago
:cool:
Score: 13 Votes (Like | Disagree)
kdarling Avatar
137 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)