[NewsPoster]

Judge Lucy Koh, overseer of the Apple versus Samsung smartphone patent trials, has decreed that Samsung must now pay $548 million from the first patent trial between the pair, as ordered by the Federal Court of Appeals. Samsung, as expected, is appealing the decision based on a lengthy and ongoing patent invalidation process, saying that because of the US Patent and Trademark Office (USPTO) examination, the order isn't being performed as required by federal procedure.

Samsung protested the filing, saying that "the Federal Circuit has recognized that it is 'manifestly unjust' to allow a plaintiff to recover on a patent that has been invalidated in separate proceedings," despite the patent not actually have been finally declared invalid. In an appeal, Samsung's lawyers also claimed that the ruling by Judge Koh wasn't authorized by federal rules governing patent suit payouts. The Federal Circuit appeals board disagrees with Samsung -- in May, the appeals court demanded final judgement entry on the damages that Samsung owes Apple.

The Korean manufacturer's basis for its complaints about the order to pay is the "rounded corners" design patent, currently under examination at the US Patent and Trademark Office (USPTO). The patent being evaluated for invalidation, US Design Patent D618,677, is a design patent in question, and generally applies to the original iPhone and iPhone 3G designs.

US design patent 618,678 is similar, but refers more to the iPhone 4 and 5 design -- and was used in part in the "anonymous request" for an invalidation ruling against the D'677 patent. A final determination isn't likely this year, and can still be appealed by Apple. The D'677 patent wasn't used in the second patent trial.

Samsung has filed notice that it will appeal the entire ruling and consequent appeal denial to the Supreme Court, claiming errors made by both Judge Koh during the trial and the appeals court in evaluating the aftermath of the ruling. In its filing, Samsung wrote that "the questions present issues of enormous importance to patent litigation and the scope of innovation, especially in high-technology industries." It is not known if the Supreme Court will hear the case.

[pairof9s]

Thank goodness Apple has the war chest and fortitude to continue to push this verdict and award through. In the end, Samsung just looks ridiculous with this strategy. Where Apple is pushing for the sake of its perceived intellectual property, Samsung just looks like a contrite belligerent simply refusing to accept that it did something wrong, regardless of who decrees as such.

[macmedia1]

The verdict should come with an interest charge and litigation fee. Samsung is continuously trying to appeal as it's much cheaper for them to pay their lawyers until they can get a lower or vacated verdict. They don't have much to lose by delaying. It should be if you are guilty you would be liable for they other side's attorney fees in the appeal process as well as high interest fees for stretching the appeal process.

That way Samsung has to really think if their strategy is indeed solid and sound and not just a delay tactic

[Flying Meat]

Pay up, ya thieves!
Contempt of court anyone?

[climacs]

so what I hear you saying, pairof9s, is that Samsung and Kim Davis have quite a bit in common!