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Samsung asks the U.S. Appeals Court to Throw Out an Order that it Pay Apple $930 Million for Patent Infringement

50. Patently Legal
According to a new report published this afternoon, Samsung Electronics asked a U.S. appeals court on Thursday to toss out an order that it pay Apple $930 million for infringing on iPhone patents to make its Galaxy line of smartphones and tablets.


Kathleen Sullivan, a lawyer with Quinn Emanuel Urquhart & Sullivan LLP who represents Samsung, argued that the lower court erred in deciding that the design and trade dress patents were infringed because the Samsung phones did not carry an Apple logo, did not have a "home" button like an iPhone and had speaker slots in different places than the Apple phones.


"Apple was awarded Samsung's total profits on those (Samsung) phones, which was absurd," she said, arguing that it was akin to awarding entire profits on a car because of an infringing cup holder.


Arguing for Apple, William Lee of the law firm Wilmer Hale disagreed. "This is not the cup holder," he said. He argued that the $930 million verdict was the right decision. "What Samsung is actually asking you to do ... is to substitute yourself for Judge Koh and the jury," he said.


The three judges on the panel did not indicate which side they supported, and did not indicate when they would rule.




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