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Reading is difficult. As a writer, I help the reader every way I can think of. As a reader, I work hard not to miss the big things in the middle of the road.

Wednesday, December 7, 2016

From the Grave, Steve Jobs Reaches for all the Smartphone Profits of his Competitors, but SCOTUS stops Him.

The Supreme Court of the United States decides Samsung Electronics Co. v. Apple Inc. It came up on appeal from the United States Court of Appeals for the Federal Circuit, the national court of appeals for patent matters, among others. It had been established that Samsung, among others, infringed on some of Apple's patents in their cellphones-- things like having a rectangular front face with rounded edges and a grid of colorful icons on a black screen. Apple was awarded $399 million in damages—Samsung’s entire profit on their infringing phones. On certiorari to SCOTUS, Samsung, et al, complained that the Samsung defendants should not have to pay Apple all its profits, when many, if not most, of the features of their phones were not infringing. Justice Sotomayor, a former trademark lawyer, wrote an opinion for a unanimous Court reversing the lower court and remanding the case to it, That lower court is ordered to award Apple only those damages from the infringing aspects of the defendants' phones, not all of the profits the defendants made on the phones.

Samsung Electronics Co. v. Apple Inc., No. 15-777 (U.S., Dec. 6, 2016)

A hat tip goes out to our friend, The Woodlands' patent badass Basil Angelo, for sharing his views of the case. Of course, the views here are ours' and he is not responsible for them or for any errors in this post.

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