When we said that the famous dispute between Apple and Samsung it wasn't necessarily over, we weren't kidding. Yes, the South Korean has already paid the $ 548 million she owes Ma. However, in parallel she appealed to the United States Supreme Court stating that the verdict is incorrect and that the court needs to correct the flaws that exist related to legal disputes involving patents.
Samsung said that as in most cases involving design patents, enough information is lacking for jurors to understand the inventions. Already with utility patents, the company claims that judges can better instruct the jury on how to interpret everything.
Another point that generated Samsung's complaint is the way the damages involving the infringement of a design patent are calculated. In this case, the aggrieved company (Apple) can sue the other company (Samsung) and try to grab all the profit obtained by it from the sale of the infringing devices. For the South Korean does not agree with this, since if a particular company infringes multiple design patents of two or more companies, it could have to pay the full amount of its profits several times.
If the current legal precedent remains, it can slow innovation, stifle competition, pave the way for cases involving patent design trolls and negatively impact the economy and consumers.
For those interested, here is the document:
This is far from over
(via Re / code)