U.S. DOJ asks Supreme Court to overturn ruling that favored Apple over Samsung’s iPhone copying

“The U.S. Department of Justice asked the Supreme Court to overturn an appeals court ruling that had favored Apple Inc over Samsung Electronics Co Ltd in smartphone patent litigation, and asked that it return the case to the trial court for more litigation,” Dan Levine reports for Reuters. “Samsung had appealed a federal appeals court ruling to the Supreme Court, which agreed to hear the case. The Justice Department submitted its view in an amicus brief on Wednesday.”

“An Apple spokeswoman declined to comment, while Samsung told Reuters in a statement it welcomes ‘overwhelming support’ for overturning the appeals court ruling in favour of Apple from various parties including the U.S. government,” Levine reports. “‘If left uncorrected, the appeals court’s ruling could lead to diminished innovation, pave the way for design troll patent litigation and negatively impact the economy and consumers,’ the South Korean firm said.”

“The world’s top smartphone rivals have been feuding over patents since 2011, when Apple sued Samsung in Northern California alleging infringement of the iPhone’s patents, designs and trademarked appearance,” Levine reports. “Following a 2012 jury trial, Samsung was ordered to pay Apple $930 million. Samsung has been trying to reduce that figure ever since.”

Read more in the full article here.

MacDailyNews Take: It must be nice for Apple to have the support of its home country’s federal government, huh?

Like much of the U.S. federal government, the current U.S. DOJ is a misguided joke.

The appeals court should reverse itself and reinstate the full verdict (which, in the first place, was a pittance compared to what was stolen). The jury has spoken!

The fact is that 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.

Apple suggests Federal Circuit panel violated U.S. Constitution in patent fight with Samsung – March 30, 2016
Supreme Court to hear Samsung appeal in Apple patent case – March 21, 2016

White House visitor logs show meeting after meeting between Google execs and top Obama administration officials – May 17, 2016
The Android Administration: Google’s remarkably close relationship with the Obama White House – April 22, 2016
Google averages one White House meeting per week during Obama administration – March 25, 2015
U.S. FTC report details how Google skewed search results in its own favor – March 20, 2015
Google’s antitrust settlement with U.S. FTC reshapes patent disputes – January 5, 2013
The FTC’s missed opportunity on Google – January 4, 2013
Obama to reward Google’s Schmidt with Cabinet post? – December 5, 2012
Consumer Watchdog calls for probe of Google’s inappropriate relationship with Obama administration – January 25, 2011


      1. The reasoning is that Google, Amazon and, yes, Samsung are buying Washington in bulk, so, OF COURSE, DOJ sides against Apple even if it is about blatant IP rip-off by a foreign company case like this one.

    1. “In its amicus brief on Wednesday, the Justice Department said it was unclear whether Samsung had produced enough evidence to support its argument that phone components, not the entire phone, should be what matters when calculating damages.”

      That actually sounds like it supports Apple, except for the risk that the lower court will make a crazier ruling.

  1. Ah right, DOJ prefers Samsung phones because it’s easier for law enforcement to break into them; what utter nonsense cometh out of the rear ends of US lawmakers!!

    1. Well said and to the point. It would be nice if the FEDS would keep their damn noses out of our business!!! They the FEDS are why we are in all these problems. They need to keep out of business peoples affairs and etc. I guess what I’m trying to say is too damn much Government intervention. Let Apple deal with Samdung and the DOJ stay out of Apples and other companies way. Politicians are ruining our Country!!!

      1. There are two types of people in the world. Those who want to be left alone and those who just won’t leave you alone. Governments have a tendency to fall into the second group.

        1. The foundation is NOT corrupt. This is just FUD being spread by the right wing and/or journalists who do not understand how the foundation works. Do some real, NON-PARTISAN research.
          Here’s your starter: http://www.factcheck.org/2015/06/where-does-clinton-foundation-money-go/
          “Fiorina and others are referring only to the amount donated by the Clinton Foundation to outside charities, ignoring the fact that most of the Clinton Foundation’s charitable work is performed in-house. One independent philanthropy watchdog did an analysis of Clinton Foundation funding and concluded that about 89 percent of its funding went to charity.
          Simply put, despite its name, the Clinton Foundation is not a private foundation — which typically acts as a pass-through for private donations to other charitable organizations. Rather, it is a public charity. It conducts most of its charitable activities directly.”

          Charity watchdog Charity Navigator estimates that 80.6% of the Clinton Foundation’s spending is on charitable work. Another charity watchdog, Charity Watch, estimates that for the Foundation and its affiliates, the number is 89%. The “industry standard” for charities is 75%.
          Here’s another bit of reading for you: https://philanthropy.com/article/Opinion-How-to-Understand-the/230745

          The Clinton Foundation is not a traditional foundation. It’s actually a charity in its own right, and although it donates some money to outside charities, it does most of its work itself. It employs over 2000 people worldwide who directly distribute aid, food, medicine and provide services. The people who allege it distributes only 6% or 15% (e.g., Carly and Rush respectively) ignore the amount it costs to run the charity and the value of the aid and services it provides.
          And if you need even more reading, try http://www.politifact.com/punditfact/statements/2015/apr/29/rush-limbaugh/rush-limbaugh-says-clinton-foundation-spends-just-/

          1. Facts are so inconvenient to the far-right wingers on here, TTOTM. But to be fair, some of the criticism is that Hillary used her name and status as a government official to get contributions to the foundation, and the donors may have had the expectation of perks. As long as no illegal perks were provided, I don’t see a problem with that. And the money raised has by and large, as you point out, gone to good causes.
            But none of this has anything to do with the amicus brief filed by the DOJ.

  2. Closing the patent system in the US and laying off the judges involved would be real justice. Nobody in the DOJ should be allowed to own iPhones. Make them use those Samsung beauties.

  3. It pays to get cozy with our government officials in this country. Google is, by far, the highest spending lobbyist in DC among all tech companies, and Eric Schmidt and his team have made it a priority to visit the White House frequently in the past 7 years (last count was around 142 times). Has nothing to do with justice.

  4. I guess all the time Eric Schmidt has spent at the White House kissing Obama’s ass is paying off. Plus, the DOJ has lots of time to get involved in private company litigation since they don’t need to worry about going after any corrupt bankers.

    Is this a great country or what!

  5. Can the DOJ be any more lost as a woebegone government favors directed legal entity that does not do it’s job properly? Just when I had completely lost all respect for them as they sink even lower into the quagmire of special interests legal stupidity that attacks even the home teams, especially with fruity names.

  6. As an answer to MDN’s obsessional compulsive behavior… Here are some other “proofs”

    Apple purposely cheating on ratios

    Apple’s iPhone first prototype:

    1. Then there’s this:

      ‘As you can see, the internal Samsung document presented at trial by Apple says the Samsung phone provides a “strong impression that iPhone’s icon concept was copied.” The “directions for improvement” are that Samsung designers should “Remove a feeling that iPhone’s menu icons are copied by differentiating design.”‘

      So Samsung copied the iPhone software so much that they decided to back off and not look as guilty.

      Look up the history. Samsung did this to Japanese record player manufacturers in the 70’s and 80’s. Copy, make money, wait for the lawsuit, fight it, pay small fines if they lose, but reap the profits and put others out of business.

    2. Yeah, I have a coworker who had one of those “slide” phones. Even after the modern smart phone era was well in place, it looked more like a calculator when she turned it on than a smart phone. The real issues are when they are powered on, not just sitting there with blank screens.

      Most of your “proof” clearly says there that they are mock-ups or still have physical keyboards prior to the iPhone. That changed after the iPhone. You have done a fine job proving Apple’s (and MDN’s) point for them.


  7. How can you profess to protect America when you obviously hate Americans? I realize the government has been self serving, but this is ridiculous. When our government so obviously fails the people, IT’S people, where do we go from here? i weep for the future.

  8. DOJ shafts Apple over and over again.


    see how Korean govt. teats Samsung:

    “SEOUL, South Korea — Lee Kun-hee, the former chairman of Samsung who was convicted of embezzlement and tax evasion, was pardoned by President Lee Myung-bak on Tuesday…

    The president said he decided to grant a special amnesty to Mr. Lee, who was not imprisoned,….

    In a Supreme Court ruling this year, Mr. Lee, 67, received a suspended three-year prison sentence for evading tens of millions of dollars in taxes and embezzling corporate money.

    … “The latest pardon reconfirms a common saying in South Korea that Samsung lies above the law and the government,” said Kim Sang-jo, an economist at Hansung University

    …Over the decades, corruption scandals have regularly drawn in Samsung, the country’s largest conglomerate,

    But judges have often given light sentences to top executives convicted of crimes, saying that incarcerating them would disrupt the economy. In many cases, such sentences have been quickly erased by presidential pardons, ”

    NOT saying that USA govt. should be like the Korean but sheesh can the DOJ stop taking every single opportunity to whack Apple?

    AND OF COURSE the android trolls that infest MDN KEEP CLUELESSLY DEFENDING Samsung.
    (as this post is too long already I won’t give NUMEROUS examples of how Samsung ALSO defrauds it’s CONSUMERS by lying on specs etc … )

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