Apple suggests Federal Circuit panel violated U.S. Constitution in patent fight with Samsung

“Apple Inc has asked a federal appeals court to reconsider its reversal of a $120 million jury verdict against smartphone rival Samsung Electronics Co Ltd for patent infringement because it said the three-judge panel that made the decision last February violated the U.S. Constitution,” Andrew Chung reports for Reuters.

“The company said the panel used materials that it researched itself and were not part of the trial court record to overturn the infringement verdict,” Chung reports. “This undermined Apple’s Seventh Amendment right to have a jury, and not an appellate court, decide the facts of the case, the company said.”

Read more in the full article here.

MacDailyNews Take: Apple is entirely correct. The appeals court should reverse itself and reinstate the $120 million verdict. The jury has spoken!

The main reason why Samsung et al. were able to sell phones and tablets at all was because they made fake iPhones and fake iPads designed to fool the unwitting (who are now finally waking up in droves, by the way) in much the same way as how Microsoft et al. profited wildly from upside-down and backwards fake Macs at the end of the 20th century. Google, Samsung, HTC, Xiaomi, et al. are the Microsofts, HPs, Dells, and eMachines of the new century.

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

Samsung Galaxy and Galaxy Tab Trade Dress Infringement

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.


  1. Lets be real here. The true reason this went against Apple was because Apple was fighting the FBI. It was nothing but a political stab at Apple (as is the way with all thing in the corrupt world of politics).
    Apple should fight on they are right and on the right side of right also lets show these judges that if they want to play with the law they can also get entrapped by it!
    Go Apple! Go Apple! 😉

  2. While I think that Samsung deserved to pay even more than it was originally ordered, the fact that we have had appellate courts since even before Independence hardly imperils the jury system. I think that MDN would be singing another tune if this were one of the outrageous jury awards from the Eastern District of Texas that are frequently reduced or reversed by judges. If the Court of Appeals went outside the record and conducted its own investigation, that is a problem, but it would have been a problem even if the original trial had been held before a judge without a jury.

    Some commenters here seem unaware that federal judges are appointed for life and have no personal interest in favoring one side of a political dispute over the other. Yes, some judges (conservatives as well as liberals) are influenced by ideology, but that bias applies across the full range of their judicial activity. Ideology is not the same thing as party politics. Judges rarely if ever single out individual litigants to punish because of a political agenda. A judge who will be serving for another 35 years has better things to do than focus on short-term politics.

  3. When will you people realize that the government is not your friend? They are, if fact, your enemy.

    They regard the constitution some where right around the equivalent with toilet paper. They wipe their ass with it. And then they laugh at your concerns.

    1. It’s not as simple as making a negative anarchist statement that the government is the enemy. The US government has become corrupted by a number of forces, organizations, peoples and parties. It’s useful to point at those influences AND the tolerance of #MyStupidGovernment of those influences above and beyond We The People.

  4. Really, I know that people could be a fan of something but the Applemaniacs are ridiculous. Thankfully Apple is not selling or manufacturing wheels otherwise won’t be any other in the world. Is simple, people like to have something exclusive for $500 and sorry that’s impossible. The only good thing of this is that if Apple keep pushing with this, somebody is going to come with something completely new that will turn the table upside-down and push them out of the market. Remember that the iPhone and iPad are cash cows since SJ and nothing new has come from that moment.

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