That famous and long dispute between Apple and Samsung in American courts it's over, but it's not over. Samsung paid what it owed but appealed to the United States Supreme Court alleging, among other things, that the way the damages involving the infringement of a design patent are calculated is totally wrong; Apple already wants the South Korean to pay her an additional $ 180 million for patent violations
Speaking specifically of Samsung's complaint, it actually involves something broader and unrestricted dispute itself. In cases involving design patents, the aggrieved company (in this case, Apple) can sue the other company (Samsung) and try to grab all the profit it obtained from selling the infringing devices. 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.
Now Google, Facebook, Dell, HP, eBay, Vizio and several professors from law schools / businesses have entered the dispute defending Samsung at this point.
In general, everyone questioned the Samsung penalty, saying that: 1. it is hardly the ornamental design (the shape) of the iPhone, and not its functionalities, the person responsible for the product's sales; 2. that a phone typically involves around 250,000 patents (so it makes no sense that a single infraction would be responsible for biting the company's entire profit from selling the product); 3. that if this is carried out, it can seriously harm the industry as a whole (companies that create complex products); 4. that this can further open the way for the emergence of patent trolls; Among other things.
Of the $ 548 million that Samsung paid Apple, $ 400 million refers to design patent infringements.
(via Re / code)