Oct 11, 2016 10:58 AM EDT

Apple, Samsung Before U.S. Supreme Court For 3 Patents Issue

By jen master
Apple's iPhone 7 And New Apple Watch On Sale In New York
NEW YORK, NY - SEPTEMBER 16: The new iPhone 7 is displayed on a table at an Apple store in Manhattan on September 16, 2016 in New York City. People around the globe waited in long lines to be among the first to purchase both the iPhone 7 and the iPhone 7 Plus. The phones offer longer battery life, faster browsing, a better camera and do not have a traditional headphone jack. (Photo by Spencer Platt/Getty Images)
(Photo : Spencer Platt)

Apple and Samsung will be facing each other once again, but now, before the Supreme Court of the United States over design patent dispute.

This case marks the Supreme Court's first examination of a patent dispute in over 100 years, "which cover the ornamental look of an object rather than any functional aspect."

The sole question to be decided in the case is how much should Samsung pay Apple for the infringement of three (3) designs of the latter covering early versions of the iPhone.

Samsung is questioning the "disproportionate" sum of $399 million patent infringement award that the court have previously decided in favor of Apple. While Apple maintains that it is warranted because of Samsung's "blatant copying" of the iPhone's iconic look.

Apple's patents subject for the decision of the U.S. Supreme Court are US Patent D618677 (Black rounded rectangle design), US Patent D593087 (Front and the bezel design), and US Patent D604305 (Design of Icon Layout).

Fortune reported, for US Patent D618677 (Black rounded rectangle design), Apple is claiming for the ownership of the black rounded rectangle shape design on the front of the iPhone. The US Patent D593087 (Front and the bezel design) claims for the design of the front of the phone which includes the raised frame (aka the bezel) that affixes the glass screen to the rest of the device. In addition, Apple is claiming for the icon layout in the US Patent D604305 (Design of Icon Layout) contending that it covers "a graphical user interface for a display screen or portion thereof showing our new design."

It could be remembered that in December of 2015, the federal court of San Jose ruled in favor of Apple. Samsung appealed to avoid payment of more than $500 million awards to Apple.

In an attempt to pursuade the court to take the appeal, Samsung argued by using a metaphor which centers on owing a car's entire profits to a rival company for infringing upon their cup holder design. This was rejected by Apple saying the patented features of their iPhones are more like the design of the entire car.

MacRumors said that according to Apple, Samsung "failed to show that the patented designs applied only to part of its phones" during the previous court proceedings.

 

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