Apple does not explain how this "ultimate burden" fits with the burden-shifting framework that it proposes. With regard to the scope of the design patent, the Court agrees with Apple that the relevant article of manufacture may extend beyond the scope of the claimed design. But in the case of a unitary object such as a dinner plate, the object must be the relevant article of manufacture, even where the design patent disclaims part of the object. (forthcoming) (manuscript as of Sept. 4, 2017 at 68 & nn.419-20) (https://ssrn.com/abstract=2850604); H.R. 2011) (citation omitted); see also Norwood v. Vance, 591 F.3d 1062, 1067 (9th Cir. Apple contends that Samsung's proposed test is too restrictive because overreliance on the scope of the design patent would foreclose the possibility that the relevant article of manufacture in a multicomponent product could ever be the entire product as sold to the consumer. The burden then shifts to the party opposing the new trial "to demonstrate 'that it is more probable than not that the jury would have reached the same verdict' had it been properly instructed." Accordingly, Samsung urges the Court to "keep how the product is sold totally out of the test for determining the relevant article of manufacture. Check your inbox and click the link. Apple won the patent dispute against Samsung and was awarded $1.049 billion in damages for 6 of the 7 patents brought to bear. The Instructions Did Not Properly State the Law. The Court then analyzes the various approaches. Copyright 20092023 The President and Fellows of Harvard College. . To Achieve a Win Win Situation, First Negotiate with Yourself. Br.") It was in 1983 when Steve Jobs famously asked Pepsi CEO John Sculley to be Apples next CEO or if he wanted to sell sugared water for the rest of his life or change the world? 05 billion. Id. Moreover, Samsung argued that "[t]he record contains no evidence that the entire sales value of Samsung's products was attributable to their outer casings or GUI, as opposed to the numerous noninfringing technological components that enable the devices to function and drive consumer choice." Third, Samsung points to consumer survey evidence discussing the outer shape of Samsung's phones. 1, pp. Required fields are marked *. They released commercials that defame other pioneer brands openly. REPORT NO. The U.S. Supreme Court "construed the statute [in effect at the time] to require proof that the profits were 'due to' the design rather than other aspects of the carpets." 2884-2 at 31-32. Sagacious IP 2023. 4. Id. The user market is much skewed in different directions. Accordingly, the Court must now set forth the method for determining the relevant article of manufacture for the purpose of 289. (quoting PX25A1.16; PX25F.16) (emphasis removed). Id. Id. Courts have developed a four- factor test for purposes of determining the article of manufacture: "(1) the, The plaintiff bears both the burden of production and persuasion in identifying the article of manufacture. The Federal Circuit affirmed the damages award, rejecting Samsung's argument that damages should be limited because the relevant articles of manufacture were the front face or screen rather than the entire smartphone. Second, other courts in design patent cases have assigned the burden on deductible expenses to the defendant. A US court has ordered South Korea's Samsung Electronics pay $539m (403m) in damages for copying features of Apple's original iPhone. 3521 ("Samsung Opening Br. 2d 333, 341 (S.D.N.Y. 2007). "In Dobson v. Hartford Carpet Co., the lower courts had awarded the holders of design patents on carpets damages in the amount of 'the entire profit to the [patent holders], per yard, in the manufacture and sale of carpets of the patented designs, and not merely the value which the designs contributed to the carpets.'" . L. J. Indeed, Samsung's test does not produce a logical result when applied to the very product that the U.S. Supreme Court identified as an easy case: a dinner plate. Based on the evidence discussed in the foundation-in-the-evidence section above, the Court finds that a properly instructed jury may have found that the relevant article of manufacture for each of the design patents was something less than the entire phone. The Patents Act, 1970 [Apple Vs Samsung] Dec. 09, 2018 6 likes 1,794 views Download Now Download to read offline Law It discusses about the Patents Act, 1970, and the purpose of a patent. 1970) (listing fifteen factors informing reasonable royalty calculations in utility patent cases). smartphones resemble the iPhone 3g and iPhone 3gs in shape). The Court denied Samsung's motion for judgment as a matter of law under Nike and the Federal Circuit's precedent forbidding the apportionment of design patent damages. Apple now advocates a test comprising four factors. 28-31. The parties and the United States agree that evidence of how a product is sold is relevant to the overall damages inquiry. The D'677 patent claims a design for a "black, rectangular front glass face with rounded corners" and does not claim the surrounding rim (bezel), the circular home button on the front, or the sides, top, bottom, or back of the device. Success! Samsung countersued, and the case went to preliminary in August 2012. The Billion Dollar Samsung Apple Lawsuit First, Samsung explained that "Samsung previously cited a number of cases, including [the Piano cases] . Moreover, as Samsung points out, "[p]lacing the burden of identifying the correct article of manufacture on the patent plaintiff also corresponds with the analogous law of utility-patent damages for multicomponent products, where the patent plaintiff similarly must prove the correct component to be used as a royalty base . On March 6, 2014, the district court entered a final judgment in favor of Apple, and Samsung filed a notice of appeal. After this and all the cases in between this first court case, Samsung didnt stay shut. 1966, 49th Cong. For its part, Samsung accuses Apple of flouting the U.S. Supreme Court's holding and proposing factors that have nothing to do with the relevant inquiry. 2015) ("Federal Circuit Appeal"). This principle is evident from the text of 289 and the dinner plate example discussed above. ECF Nos. In 2011, when Apple was already embroiled with Motorola, it went after Samsung for tablet and smartphone designs. ECF No. Cir. Apple iPhone . See ECF No. The Court first describes the approach advocated by the United States before the U.S. Supreme Court and then describes the approaches advocated by the parties. The Teaching Negotiation Resource Center Policies, Working Conference on AI, Technology, and Negotiation, Business Negotiation Strategies: How to Negotiate Better Business Deals, What are the Three Basic Types of Dispute Resolution? Apple goes on, "For example, where a design patent covers only the 'upper' portion of a shoe, the entire shoe may fairly be considered the article of manufacture if the defendant only sells the infringing shoes as a whole." 3524 ("Samsung Response"). Don Burton, Inc. v. Aetna Life & Cas. Throughout the proceedings, Samsung argued for apportionment. May 24, 2018. The parties [could] not relitigate these issues." Given that Samsung is one of Apples biggest suppliers, the companies had a strong incentive to move beyond their dispute and build on their ongoing partnership. The testimony about the various components of the phones at issue, together with the design patents themselves, is enough to support Proposed Jury Instruction 42.1. c. Legal Error in the Proposed Instruction Would Not Have Excused the Court From Properly Instructing the Jury. ECF No. Cir. See Apple Opening Br. Samsung Galaxy phone was the first touchscreen phone in the Samsung product line and it looked mostly the same as the newly launched iPhone. Accordingly, the Court addresses those factors in the next section. The jury ordered. See Hearing Tr. The Ninth Circuit explains that the evidence must be viewed in the light most favorable to the . Samsung only raised its article of manufacture theory days before trial. Brief Overview of the Firms. . In order to determine whether a new trial on design patent damages is warranted, the Court must first decide the test to identify the relevant article of manufacture for the purpose of 289 and which party bears the burden of proving the relevant article of manufacture. If the court determines that a new damages trial is necessary, it will have the opportunity to set forth a test for identifying the relevant article of manufacture for purpose of 289, and to apply that test to this case." Id. It seems like everyone wants the latest phone to set a trend. The basis was their legitimate concerns about their product being copied in the open market. "), 14:14-14:18 (Samsung's counsel: "But the second best proposal is certainly the Solicitor General's test. According to Apple, this test would mean that a complex multicomponent product could never be the relevant article of manufacture, because a design patent may only cover the "ornamental appearance of an article of manufacture," not "internal or functional features." Right now, there is a smartphone user base in the billions. Total bill for Samsung: $1.05 billion. Thus, the U.S. Supreme Court rejected a per se rule that the relevant article of manufacture is always the product sold to the consumer. REP. NO. The initial corporate logo had three stars and was based on a graphical representation of the Korean Hanja word Samsung. These behemoths fought each other like wild animals. For every iPhone, Apple relies on Samsung for approximately 26% of the components (P.K., 2011). All through 2010 to August 2014, a bloody patent war transpired between two of the biggest companies in IT and the smartphone industry. Laborers Pension Tr. ECF No. It faced overheating issues. See Apple Opening Br. As explained above, Samsung contends that a new trial is warranted because the jury instructions given inaccurately stated the law on the article of manufacture issue. It's not a necessity to introduce Apple. Be it flying, cooking, innovating, and even revolutionizing the whole world with unbelievable technology. If you have anything to share on our platform, please reach out to me at story@startuptalky.com. As explained above, Samsung advocates that the factfinder should "compar[e] the claimed attributes of the design patent to the accused product to identify the specific part, portion, or component of the product that corresponds to the patent's claim." Your email address will not be published. First, Samsung cites to the design patents themselves, which cover only certain aspects of Samsung's phones. Hearing Tr. Apple's proposed factors are: Samsung contends that the relevant article of manufacture is "the specific part, portion, or component of a product to which the patented design is applied. should have been limited to the profit attributable to the infringement" and that "consumers chose Samsung [products] based on a host of other factors [besides the infringed designs]." As we've mentioned, this involves comparing flagship phones by the two manufacturers. Apple's advantages over Samsung: Not excessively higher prices at the top of the range segment. U.S. Not only this, Samsung reversed the licensing agreement onto Apple stating that they are the ones who are copying. 1300 at 19-22. Exclusive Webinar Series. Similarly, multiple witnesses testified about how smartphones are assembled and how the screen was separate from internal components. The defendant then bore "the burden of proving that the article of manufacture [wa]s something less than the entire product." Apple is the brainchild of Steve Jobs. Second, Samsung argued that "the profits awarded [for design patent infringement] should have been limited to the infringing 'article of manufacture,' not the entire infringing product." 2271 at 12-13 (citing Nike, 138 F.3d at 1441 ("'It is expedient that the infringer's entire profit on the article should be recoverable,' for 'it is not apportionable' . b. The judge eventually reduced the payout to $600 million. Samsung not only competes with Apple in the notebook, tablets, and smartphones market, It also supplies Apple with crucial items for iPhones like OLED display and flash drive memory chip for storage. The Court first assesses which party bears the burden of persuasion on identifying the relevant article of manufacture and proving the total profit on that article. Apple has not carried its burden. Decision Leadership: Empowering Others to Make Better Choices, 2022 PON Great Negotiator Award Honoring Christiana Figueres, Managing the Negotiation Within: The Internal Family Systems Model, Mediation: Negotiation by Other Moves with Alain Lempereur. This turns the eyebrows up for Samsung. Dobson v. Dornan, 118 U.S. at 18; Dobson v. Hartford Carpet Co., 114 U.S. at 447. Samsung argues that there was a sufficient foundation in evidence to instruct the jury on the possibility of a lesser article of manufacture based on evidence that was presented to the jury as part of the parties' infringement and invalidity cases. Supreme Court Decision, 137 S. Ct. at 434. 543 F.3d at 678, 681, 683. Where a statute is silent on the allocation of the burden of persuasion, the Court "begin[s] with the ordinary default rule that plaintiffs bear the risk of failing to prove their claims." The Court finds unconvincing Apple's explanation as to why an infringer's reasons for copying the design is relevant to this factual inquiry. By contrast, the text of both the Copyright Act and the Lanham Act explicitly impose a burden on the defendant to prove deductible costs. In 2011, when Apple was already embroiled with Motorola, it went after Samsung for tablet and smartphone designs. 289, instead appealing only to procedural and policy arguments for allowing apportionment in this case."). 1116, 11120 (S.D.N.Y. How Apple avoided Billions of Dollars of Taxes? 2. Accordingly, the Court deferred ruling on whether a new trial was warranted and ordered further briefing on what the test should be for determining the relevant article of manufacture for purpose of 289, whether the determination of the article of manufacture was a question of fact or law, which party bore the burden of identifying the relevant article of manufacture, and which party bore the burden of establishing the total profits for the purpose of 289. The support with Samsung is not as good as what you get from Apple. Apple filed a lawsuit against Samsung. Samsung paid that amount in. The iPhone manufacturer accused Samsung of failing to comply with the order set against it as part of the deal and , May 2012: The US Court of Appeals for the Federal Circuit (CAFC) gave Apple the, June 2012: Following the appeals court ruling, US District Judge Lucy Koh had to reconsider the preparatory sales injunction against Samsungs Galaxy Tab 10.1. In fact, the predecessor to 289 contained a knowledge requirement, but Congress removed the knowledge requirement when it passed the 1952 Patent Act. Create a new password of your choice. By Reuters. Apple and Samsung have finally settled a seven-year-long patent dispute, bringing to an end the long-running battle over the design of their rival smartphones. First, Samsung argued that "[t]he damages . However, in response to Apple's motion to exclude the damages theory from this expert report, Samsung solely argued that the expert report was admissible based on its apportionment theory of damages, and did not mention the article of manufacture theory. ECF No. 2004) (unpublished); Bergstrom v. Sears, Roebuck & Co., 496 F. Supp. 2002) (unpublished) ("The district court also erred in shifting the burden of proving damages to [defendant] . But. First, identify the 'article of manufacture' to which the infringed design has been applied. U.S. . However, in other instances, "it is more natural to say that the design has been applied to a single component, or to a set of components that together are only a portion of the product as sold." In the original 2012 case, Apple sued Samsung saying it copied various design patents of the iPhone. 2009) ("The burden of proving damages falls on the patentee. On March 21, 2016, the U.S. Supreme Court granted certiorari in this case. ECF No. "); ROBERT A. MATTHEWS, JR., 4 ANNOTATED PATENT DIGEST 30:9. at 3. See ECF No. Accordingly, the plaintiff must bear the burden of persuasion in identifying the relevant article of manufacture for the purpose of 289 and proving the defendant's total profit on that article. J. L. & TECH. Supreme Court Decision, 137 S. Ct. at 432. The Court denied Samsung's motion. Comme il s'agit d'un smartphone haut de gamme, il fallait videmment s . 1989) (describing how "the burden of going forward" shifted to defendants to demonstrate that the disgorgement figure was not a reasonable approximation of its unjust enrichment even though the SEC bore the ultimate burden of persuasion). Apple CEO Steve Jobs called Samsung a Copycat. Samsung Opening Br. A smartphone is a portable computer device that combines mobile telephone functions and computing functions into one unit. Even taking Apple's objections into account, the Court finds that there was a sufficient foundation in the evidence to have given Proposed Jury Instruction 42.1. The cases cited by Apple do not require a different result, as the Court explained in its July 28, 2017 order. The plaintiff bears the burden of persuasion in proving the relevant article of manufacture and in proving the amount of defendant's total profit under 289. The Court gave Final Jury Instruction 31 on design patent damages, which was substantially the same as the 2012 trial's Final Jury Instruction 54, edited only to reflect the fact that liability had already been determined. This market kind of seems like a fashion innovation. As the Court stated in its July 28, 2017 order, however, once an issue is raised to the district court, "[t]he fact that the proposed instruction was misleading does not alone permit the district judge to summarily refuse to give any instruction on the topic." The '647 patent discloses a system and method for de-tecting structures such as phone numbers, addresses, and dates in documents, and then linking actions or com-mands to those structures. The infringed design patents claim certain design elements embodied in Apple's iPhone. According to Walter Issacson, Steves biographer, He wanted to start a thermonuclear war against Android in this case of plagiarism and copying apples authenticity. Co., 500 F.3d 1007, 1017 (9th Cir. The Court concludes that the plaintiff bears the burden of persuasion on identifying the relevant article of manufacture and proving the defendant's total profit on that article. when Samsung lacked notice of some of the asserted patents. Apple was one of Samsung's largest buyers, ordering billions of dollars of parts for electronic devices. Hearing Tr. 2008) (stating in a design patent case that, "as is always the case, the burden of proof as to infringement remains on the patentee"), cert. Cir. After the 2013 trial, Samsung repeated verbatim in its Rule 50(b) motion for judgment as a matter of law the arguments Samsung made in its Rule 50(b) motion for judgment as a matter of law after the 2012 trial. 43:23-44:3. See Apple Opening Br. Although filing lawsuits is a common strategy for Apple, its focus on Samsung is quite intense and recurrent. Great! 1. At oral argument on October 11, 2016, Samsung abandoned its apportionment argument, and thus interpretation of the term "article of manufacture" was the only issue before the U.S. Supreme Court. However, in recent years, Samsung has been involved in two highly expensive legal disputes: The Apple vs Samsung lawsuit and the Galaxy Note 7 defect issue. Cir. The Court acknowledges Apple's concern that the defendant may apply the patented design in a way that differs from the way that the plaintiff claimed the design in its patent, which would leave the scope of the claimed design with little significance. Finally, Apple argues that the Court did not err by declining to give Proposed Jury Instruction 42.1 because that proposed instruction "contained multiple misstatements of law." Id. "Once the [patent holder] establishes the reasonableness of this inference, the burden shifts to the infringer to show that the inference is unreasonable for some or all of the lost profits." The entire spat began when Apple documented suit against Samsung in April 2011, blaming its opponent for duplicating the look and feel of its iPhones and iPads. 1117(a)). . Co., Nos. Apple and Samsung Negotiation. Apple says. 3491 at 8. The U.S. Supreme Court awarded nominal damages of six cents to each plaintiff. It used to have vacuum tubes and large compartments for storage. ECF No. Apple and Samsung are major competitors but are also business partners. ECF No. The Court addresses these arguments in turn, and then the Court assesses the United States' proposal. Let us discuss it in further detail. The costly legal lawsuit between Samsung and Apple went on for several years. They began to work on the Macintosh. In the trial, the jury found that Samsung had wilfully infringed Apple's design, patents and trade dresses. 302, 312 (1832)). Advanced Display, 212 F.3d at 1281. D730,115 (design patent that claims design for rim of a dinner plate). A jury awarded Apple ( AAPL) $539 million in May, l eaving Samsung with an outstanding balance of $140 million it owed Apple. See ECF No. at 10-11. For two days in late May 2012, Apple CEO Tim Cook and Samsung CEO Gee-Sung Choi met with a judge in the U.S. District Court of Northern California in an attempt to reach a settlement in a high-profile U.S. patent case, a sobering example of negotiation in business. 4:17-4:18 (Apple's counsel: "I think adopting that test would be fine with Apple. But this is an issue that can be argued to the factfinder in the context of the facts of a given case; it is not a reason to altogether exclude from consideration the scope of the claimed design. Sometimes companies copy some famous brands product look and hope to generate sales. On the first step, the U.S. Supreme Court held that the "article of manufacture" for which total profits are awarded under 289 was not necessarily limited to the product that is sold to consumers, but may be either "a product sold to a consumer [or] a component of that product." We have grown from that time at a rapid scale and efficiency, we have seen multifold growth in technology. As the U.S. Supreme Court has explained, Congress enacted the predecessor to 289 in 1887 in response to the U.S. Supreme Court's decisions in what are known as the Dobson cases. However, intellectual property law is already replete with multifactor tests. at 435. Apple, which Samsung countersued for $422 million, will not have to pay anything to Samsung. The factors that the United States identified were: Notwithstanding the parties' apparent general agreement with the United States' proposed test during oral argument before the U.S. Supreme Court, both parties now advocate different tests, which only partially overlap with the United States' proposed test. The Federal Circuit held that Apple's claimed trade dress was not protectable under Ninth Circuit law and vacated the jury verdict as to Apple's trade dress claims. Finally, shifting the burden of production is consistent with the Federal Court's en banc decision in the design patent case Egyptian Goddess. The Federal Circuit noted that this theory essentially advocated "apportionment," which would "require[] [the patentee] to show what portion of the infringer's profit, or of his own lost profit, was due to the design and what portion was due to the article itself." Once the plaintiff has satisfied its burden of production on identifying the relevant article of manufacture, the burden of production shifts to the defendant. After two jury trials and decisions by both the Federal Circuit and the United States Supreme Court, the instant case has been remanded for a determination of whether the jury's $399 million award in favor of Apple for design patent infringement should stand or whether a new damages trial is required. Cir. As the smartphone market and the hype around this continues to grow, smartphone leaders fight for greater dominance in this segment of the product. 3523 ("Apple Response"); ECF No. Cir. On March 6, 2014, the Court entered final judgment in favor of Apple in the amount of $929,780,039 on its design patent, utility patent, and trade dress claims. See 35 U.S.C. Corp., 890 F.2d 1215, 1232 (D.C. Cir. The case began in 2011 and went on to go worldwide. . On remand, Samsung sought a new trial on design patent damages on the ground that, in light of the U.S. Supreme Court's interpretation of "article of manufacture" in this case, this Court provided legally erroneous instructions to the jury that prejudiced Samsung. Supreme Court Decision, 137 S. Ct. at 432-33 (citing Dobson v. Dornan, 118 U.S. 10 (1886); Dobson v. Hartford Carpet Co., 114 U.S. 439 (1885)). Id. At the same time, Apple concedes that it bears "the ultimate burden of persuasion on the issue of damages." -Dhani, Adeena, Shubham, Rishabh (ICT Licensing) and the Editorial Team, Your email address will not be published. First, a defendant will seek to prove an alternative article of manufacture to lower the amount of total profit. Samsung Elecs. For example, 284 does not mention burden shifting, but the Federal Circuit endorses burden-shifting in the lost profits context under 284, as discussed above. Apple Response at 1, 4-5. See Henry Hanger & Display Fixture Corp. of Am. In the 284 lost profits context, the patentee "must show that 'but for' infringement it reasonably would have made the additional profits enjoyed by the infringer." . Supreme Court Decision, 137 S. Ct. at 432. However, had the Court not excluded Proposed Jury Instruction 42.1, Samsung could have made such arguments in its closing. Id. It is an American multinational company specializing in consumer products in the tech line. Id. at 1018-19 (Bresseler stating that the D'087 patent is "not claiming the body. The United States' proposed four-factor test is no less administrable than these other tests. This corporation believes "a high quality buying experience with knowledgeable salespersons who can convey the value of the Company's products and services greatly enhances its ability to attract and retain customers" (Apple Inc., 2015). 227-249. Samsung cites three categories of evidence to show that the jury could have found an article of manufacture that was less than the entirety of each infringing Samsung phone. at *18-19. After remand to the Federal Circuit, the Federal Circuit held that "the trial court should consider the parties' arguments in light of the trial record and determine what additional proceedings, if any, are needed. provides insight into which portions of the underlying product the design is intended to cover, and how the design relates to the product as a whole." Samsung owes Apple $539M for infringing iPhone patents, jury finds Samsung scores unanimous Supreme Court win over Apple Apple, Samsung agree to bury overseas litigation ax The initial. Moreover, the article of manufacture inquiry is a factual one: to which article of manufacture was the patented design applied? "Absent some reason to believe that Congress intended otherwise . Its anti-yellowing crystal clear back protects the phone from daily drops and bumps with a TPU bumper and hard PC back. ECF No. "The factfinder should identify the article in which the design prominently features, and that most fairly may be said to embody the defendant's appropriation of the plaintiff's innovation." It was Samsungs heavy advertising together with the distinct Android features that enabled Galaxy to overtake iPhone to become the most popular smartphone brand globally. This makes the rivalry public and leads to polarisation in the market. The Court addresses these issues in turn. Therefore, the Court hereby adopts [the plaintiff's] calculations . 2016) Rule: . ECF No. Cal. August 2011: Apple sued Samsung for patent infringement through its products, including the Samsung Galaxy Tab 10.1. 2014-1335, 2014-1368, 2014 WL 2586819 (Fed. 17:12-17:20 ("[W]hat the sale might be relevant to is - might be relevant to - is step 2, what's the quantum of profit? Since then, the number of patents under dispute has skyrocketed, according to the Korea Times, as has the number of courts involved in various countries. 3522 ("Apple Opening Br."). 3490-2 at 17. 2316 at 2. Supreme Court Decision, 137 S. Ct. at 433 (quoting 24 Stat. See Apple Opening Br. Apple Inc. v. Samsung Electronic Co., Ltd. was the first of a series of ongoing lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers; between them, the companies made more than half of smartphones sold worldwide as of July 2012. Of Cal., Inc. v. Constr. Know the reasons why Apple is dominating the wearable industry. Finally, Samsung contends that Apple's first proposed factor, how the defendant sells and accounts for its profits on the infringing profit, conflicts with the U.S. Supreme Court's reasoning in the instant case. , Roebuck & Co., 496 F. Supp at 432 vacuum tubes and large compartments for storage 289 and case! 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( 9th Cir plaintiff 's ] calculations Court addresses these arguments in turn, and the smartphone.. Dollars of conclusion of apple vs samsung case for electronic devices to Samsung payout to $ 600 million ; agit d #! [ the plaintiff 's ] calculations President and Fellows of Harvard College property law is replete! Clear back protects the phone from daily drops and bumps with a TPU bumper and hard PC back Sears. Design, patents and trade dresses user base in the next section infringer 's reasons for copying the design cases! Electronic devices banc Decision in the original 2012 case, Samsung reversed the licensing agreement onto Apple that! Stay shut these issues. is a portable computer device that combines mobile telephone and... Anything to share on our platform, please reach out to me story. Plaintiff 's ] calculations, 2017 order second best proposal is certainly Solicitor! A common strategy for Apple, which Samsung countersued for $ 422 million, not... 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