Sam Oliver
During an appearance before a U.S. appeals court on Thursday, lawyers for Samsung sought to have vacated the $930 million judgement awarded to Apple earlier this year in a landmark patent infringement lawsuit, saying the sum was "absurd."
Samsung attorney Kathleen Sullivan argued that the South Korean company's handsets could not have infringed Apple's design or trade dress patents because they did not feature, among other things, an Apple logo or an iPhone-like home button, according to Reuters. She then reportedly compared the basis of the award — Â all of Samsung's profits from each of the offending devices — Â to "awarding entire profits on a car because of an infringing cup holder."
"Apple was awarded Samsung's total profits on those (Samsung) phones, which was absurd," Sullivan is quoted as telling the judges. Apple attorney William Lee shot back, saying the iPhone "is not the cup holder."
"What Samsung is actually asking you to do ... is to substitute yourself for Judge Koh and the jury," Lee added.
Samsung was first found guilty of infringement in 2012 and ordered to pay Apple $1.05 billion. Presiding Judge Lucy Koh then struck some $450 million off of that award and set a retrial to reassess the damages, which a later jury ultimately set at $290 million.
There is no word on when the appellate court will rule.
Andrew Orr
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46 Comments
Note to Samsung: The level at which you blatantly mimicked the iPhone form factor (and iPad as well) in addition to patented software features is what is "ABSURD" Thetefore, an absurd amount of money to reconcile is just. Making that much money off of Apple design wasn't yours to begin with. It was Apple's. Now trying to argue that you didn't use an apple logo? Your idiocy is showing. 98 percent plagiarism is still plagiarism. Hope you learn your lesson. Wouldn't be surprised for the court to slap Samsung with contempt of the justice system. It's like s two year old saying he didn't really steal his brothers candy bar because his brother still had the wrapper.
"Absurd."
Pot, meet kettle.
'There is no word on when the appellate court will rule.'
The wheels of justice have become rounded rectangles, the speed at which this case is moving.
If I were Tim Cook, I would arrange for every single building storing bulk Samsung products, including all their products, not just phones, to be razed to the ground. Apple chips excluded, obviously.
?I can only presume that God or the devil is testing Apple's patience.
Wow. The Apple lawyer's earthshaking response was "the iPhone is not the cup-holder."
Enough to make one tremble....
I'll bet it sounded better when the lawyer said it, than when you read it. The way I understood it (and I can practically hear it) - The lawyer was saying that in that analogy, Samsung was "the cupholder" the party that added little added value to the whole product.