Another damages retrial -- which would have been the fourth showdown between the companies -- was slated to start in late March in San Jose, California. But Koh put the trial on hold until the Supreme Court reviews the case. The companies also were battling in overseas courts but agreed in August 2014 to settle all litigation outside the US. Dozens of legal experts, nonprofit organizations and technology companies filed amicus, or friend of the court, briefs in support of Samsung in January when it was trying to get the Supreme Court to hear its case.
The US Department of Justice's Office of the Solicitor General (the group lovecases marble iphone 6s / 6 case - black reviews tasked with supervising and conducting government litigation in the Supreme Court) in June filed an amicus brief "supporting neither party." The attorney for the US will be Brian Fletcher, assistant to the solicitor general, But it largely sided with Samsung in believing the lower court interpreted the law incorrectly, Still, it kept open the possibility that Samsung didn't present enough evidence to show it shouldn't have to pay remedies on the entire profits from its infringing devices..
The Justice Department believes patent holders should get full profits from the sale of an "article of manufacture," (as detailed in the patent law) but it doesn't believe the definition of an article is clear. Instead of an article being the entire phone, an article may actually be only the physical shell of the phone. The agency said the ruling of the US Court of Appeals should be vacated and the case should be sent back to a lower court for further proceedings. It starts at 10 a.m. ET on Tuesday and lasts for an hour.
Kathleen Sullivan, a partner at law firm Quinn Emanuel, will be speaking for Samsung, Her firm represented Samsung in the earlier trials, She's argued nine cases before the US Supreme Court, Seth Waxman, a partner at law firm WilmerHale, will be speaking for Apple, He's a former solicitor general of the US and works for the same firm as Bill Lee, one of the lead attorneys in the previous trials, Waxman has delivered 75 oral arguments in the Supreme Court, Yes, Because there are eight justices, there's no tiebreaker, The Supreme Court was split 4-4 in June in a case challenging Obama's 2014 lovecases marble iphone 6s / 6 case - black reviews immigration policies, If there's a tie, the lower court's ruling is affirmed..
But over the last three SCOTUS terms, seven patent cases were decided unanimously. And patent cases typically don't split along liberal versus conservative lines. More court time. There's still litigation going on between Apple and Samsung for other patents, and a second damages retrial from the 2012 case was slated to start in mid-March. Along with the $548 million Samsung agreed to pay, Apple argued its rival owed an additional $180 million in supplemental damages and interest. Koh put that trial on hold until after the Supreme Court reaches its decision.
