“Apple Inc was handed a mixed ruling by a U.S. appeals court in the latest twist in a blockbuster intellectual property battle with Samsung Electronics Co Ltd, as a prior patent infringement verdict was upheld but a trademark finding that the iPhone’s appearance could be protected was thrown out,” Andrew Chung and Julia Love report for Reuters. “That means up to 40 percent of a $930 million verdict which had been won by Apple must be reconsidered.”

“‘This is a victory for design and those who respect it,’ Apple said in a statement on Monday,” Chung and Love report. “Although the opinion was mixed, it tilts strongly in Apple’s favor, upholding the bulk of its damages award and reinforcing the principles of design that the company sued to advance, said Brian Love, an assistant professor of law at the University of Santa Clara.”

“The 2012 trial between the two smartphone titans was widely watched, and the jury found Samsung violated several Apple patents including those related to iPhone’s design and appearance,” Chung and Love report. “Apple was eventually awarded $930 million in damages, but failed to win a ban on the sale of the infringing Samsung phones, which are now no longer on the market. The appeals court further muddied the waters for Apple by ordering the court in San Jose to reconsider the $382 million portion awarded for trade dress dilution.”

Read more in the full article here.

MacDailyNews Take: Despite the happy face stickers with which Apple’s PR department is trying to paper this over, this is a travesty.

As we wrote this morning:

If Samsung’s products aren’t trade dress infringements, then trade dress protection is meaningless. If eMachines’ eOne knockoff of the iMac infringed Apple’s trade dress, and it certainly did, then Samsung has clearly infringed Apple’s trade dress multiple times.

By by the way, a question for the courts, if Jony Ive’s work has no value, why is he getting paid millions of dollars per year?

Apple iMac (left) and eMachines' trade dress infringing eOne (right)

Apple iMac (left) and eMachines’ trade dress infringing eOne (right)

Apple’s products came first, then Samsung’s:
Samsung Galaxy and Galaxy Tab Trade Dress Infringement

Related article:
US appeals court reverses part of Apple’s $930 million verdict vs. Samsung – May 18, 2015