“In its patent dispute with Apple, Samsung is asking the Supreme Court to take a digital-age look at an issue it last confronted in the horse-and-buggy era,” Mark Sherman reports for The Associated Press. “South Korea-based Samsung on Monday appealed a $399 million judgment for illegally copying patented aspects of the look of Apple’s iPhone, the latest round in a long-running fight between the two tech-industry giants. The last time the Supreme Court heard cases on patents covering the appearance of a product instead of the way it works was in the late 1800s, when the court battles concerned designs of spoon handles, carpets and saddles.”

“The company’s appeal raises two issues at the Supreme Court, arguing that the lower-court ruling upholding the judgment ‘overprotects and overcompensates’ Apple’s patents,” Sherman reports. “One question is how juries should value the common features for which Apple holds patents: the flat screen, the rectangular shape with rounded corners, a rim and a screen of icons. Samsung said the jury in this case had too much freedom to look at the overall appearance of the phones, rather than focus on those three elements.”

“The other issue at the Supreme Court is whether a court can order Samsung to pay Apple every penny it made from the phones at issue when the disputed features are a tiny part of the product,” Sherman reports. “The federal appeals court in Washington that hears patent cases ruled for Apple on both counts… The Supreme Court could decide early next year whether to hear the case, but arguments would not take place before the fall of 2016.”

Read more in the full article here.

MacDailyNews Take: $399 million? We thought it was $548 million? Or are they only disputing $399 million of the total $548 million? Regardless, either amount is a laughable pittance compared to the real amounts Samsung, Google, and the rest of the iPhone knockoff brigade stole from Apple.

(For clarification: Reuters reports, “Samsung Electronics Co Ltd was scheduled to pay $548.2 million to Apple Inc on Monday, according to papers filed with the a lower California federal court on Dec. 3. In its petition to the high court, Samsung said it should not have had to make as much as $399 million of that payout.”)

The main reason why Samsung et al. sold phones and tablets at all was because they made fake iPhones and iPads designed to fool the unwitting (who are now finally waking up in droves, by the way). Just like Microsoft profited wildly from making fake Macs at the end of the 20th century. Google, Samsung et al. are the Microsofts of the new century. At least the Apple IP thieves are seeing some punishment for doing so this time around, however meager it may be.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

For good measure, here’s what Google’s Android looked like before and after Apple’s iPhone:

Google Android before and after Apple iPhone

And, here’s what cellphones looked like before and after Apple’s iPhone:

cellphones before and after Apple iPhone

People who buy Android phones and tablets reward thieves.

SEE ALSO:
Samsung finally to pay Apple $548 million in damages for copying iPhone, but then try to wrest it back – December 4, 2015
Judge Lucy Koh orders Samsung to pay Apple $548 million for patent infringement – September 22, 2015
Appellate court rules judge Lucy Koh abused right of discretion by allowing Samsung to sell phones that infringed Apple patents – September 18, 2015
Serial copier Samsung slapped with permanent injunction for infringing Apple patents – September 17, 2015
Samsung to petition Supreme Court to hear appeal in iPhone patent infringement case – August 19, 2015
Samsung denied rehearing in appeal over Apple iPhone patent infringement – August 14, 2015
Google, Facebook, Dell, HP, others take Samsung’s side in Apple patent fight – July 21, 2015
U.S. federal court rules anyone can copy the iPhone’s design – May 18, 2015
Up to 40 percent of Apple’s $930 million verdict against Samsung must be reconsidered – May 18, 2015
US appeals court reverses part of Apple’s $930 million verdict vs. Samsung – May 18, 2015
Before iPhone, Google’s plan was a Java button phone, Android docs reveal – April 14, 2014
How Google reacted when Steve Jobs revealed the revolutionary iPhone – December 19, 2013
What phones looked like before and after Apple’s revolutionary iPhone transformed the industry – February 8, 2012
Apple to ITC: Android started at Apple while Andy Rubin worked for us – September 2, 2011