Supreme Court Will Hear Apple-Samsung Patent Case – Fortune

Is the long-fought patent battle in between Apple and Samsung entering its last act?

The U.S. Ultimate Court on Monday agreed to hear the patent case in between Apple


and Samsung


. The court has actually accepted Samsung’s appeal that it shouldn’t be forced to pay hundreds of millions of dollars in loss to Apple for alleged patent infringement, and says it will certainly hear the case in the term that begins in October.

The Ultimate Court’s decision is a significant success for Samsung, which has actually long argued that Apple’s patents are invalid. The justices will certainly specifically figure out whether a $399 million judgement versus Samsung for allegedly mimicking certain aspects of Apple’s iPhone design are indeed “slavishly” copying Apple’s products, as the Cupertino, Calif.-based firm has actually said, or if the patents hold no weight.

In its petition to the court in December, Samsung said that the means laws are being interpreted in the Apple case are not “in line along with modern times.”

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“If the most recent legal precedent stands, it could diminish innovation, stifle competition, pave the means for design patent troll litigation, and negatively impact the economy and consumers,” Samsung added.

In a statement on the decision, Samsung said, “We welcome the Court’s decision to hear our case. We thank the several large technology companies, 37 intellectual property professors, and several teams representing small business, which have actually supported our position.

“The Court’s review of this case can easily result in a reasonable interpretation of patent law that will certainly support creativity and incentive innovation.”

Apple did not as soon as possible responded to a request for comment.
The Ultimate Court’s decision, which stands in stark contrast to the one in between Oracle and Google, which it kicked spine to the lesser court, will certainly effectively end a international patent war in between the companies.

Both Apple and Samsung have actually argued that the various other copies its designs and concepts, and sued each various other from the U.S. to Germany. Apple was dealt its initial success in 2012, as quickly as a jury determined in a lesser court that Samsung had copied Apple’s designs. Apple had hoped to be awarded $2.75 billion in that case, however its loss were ultimately pared down to $1 billion. After a collection of appeals and rulings, that figure was knocked down to $548 million.

In December, Samsung earned the somewhat-surprising relocate to pay the $548 million in damages, along with one caveat: It wanted Apple to agree to offer the money spine if the patents were deemed invalid or the Galaxy S7 maker were to gain a case on appeal. Now the case is in appeal, and the Ultimate Court’s ruling will certainly decide the fate of a minimum of a chunk of that cash.

For a lot more concerning Apple and Samsung, watch:

The $548 million in loss was finally decided by the U.S. Federal Circuit Court of Appeals last year. In August, Samsung’s petition to the court for a brand-new trial was struck down. The decision left Samsung along with the option to either pay Apple and relocate on or appeal to the U.S. Ultimate Court. Samsung ultimately chose the latter—and it paid off.

The Ultimate Court will certainly analyze Apple’s so-called ‘915 patent, which describes exactly how the pinch-to-zoom feature functions on touch devices. While Apple has actually argued that the patent is valid (section of its loss come from the intellectual property), it has actually failed to make its case to the U.S. Patent and Trademark Office (USPTO).

To make its case, Samsung challenged the patent’s validity several years ago, forcing the USPTO to review whether the ‘915 patent was indeed “patentable.” After its initial review in 2012, the USPTO, which had previously awarded the patent to Apple, determined that it was invalid and ought to not have actually been awarded. The USPTO has actually subsequently reviewed the patent and again discovered that Apple’s technology wasn’t patentable. Last December, the USPTO’s Patent Trial and Appeal Board issued its last decision on the matter, deeming it invalid.

In response, Apple last year filed an appeal to the Federal Circuit court over that ruling in hopes of maintaining its patent and the loss that go along with it.

Apple has actually had comparable trouble making its case for various other patents it claims Samsung violates. Last month, for instance, the U.S. Court of Appeals for the Federal Circuit ruled in favor of Samsung. The court ruled that Apple’s patents related to turning alphanumeric characters, such as phone numbers, in to links, also as the iPhone’s slide-to-unlock feature, were “obvious”—a term used to describe technologies that ought to not have actually been allowed as patents. That case reversed an earlier decision that awarded Apple $1twenty million in loss for allegedly violating the patents.

Read more: Samsung will certainly Pay Apple for Damages—however Prefers the money Back

Now along with the Ultimate Court in its sights, Samsung will certainly undoubtedly have actually some supporters. Last July, industry giants including Google


, Facebook


, eBay


, and others filed a brief supporting Samsung along with the Federal Circuit Court. The companies said in the brief that if Apple’s success is allowed to stand, the firm could engage in comparable lawsuits versus various other technology firms. They feared such a relocate would certainly negatively impact the progress of “practical modern technologies” and “have actually a devastating impact on companies.”

It’s now time for the Ultimate Court to chime in. So Grab ready: Apple and Samsung are gearing game their biggest fight yet.

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