Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Canal+ firms up 3 June JSE listing

      Canal+ firms up 3 June JSE listing

      13 May 2026
      Starlink wait set to drag on as Icasa flags legal hurdle

      Starlink wait set to drag on as Icasa flags legal hurdle

      13 May 2026
      Malatsi opens door to 'some' partial privatisations of SOEs - communications minister Solly Malatsi

      Malatsi opens door to ‘some’ partial privatisations of SOEs

      13 May 2026
      Sam Altman denies betraying Elon Musk. Shelby Tauber/Reuters

      Sam Altman denies betraying Elon Musk

      13 May 2026
      Naked Insurance launches native app in ChatGPT - Alex Thomson

      Naked Insurance launches native app in ChatGPT

      13 May 2026
    • World
      Pop star sues Samsung for $15-million - Dua Lipa

      Pop star sues Samsung for $15-million

      11 May 2026
      OpenAI's new audio APIs aim for conversational voice agents

      OpenAI’s new audio APIs aim for conversational voice agents

      8 May 2026
      'It was my idea': Musk claims paternity of OpenAI - Elon Musk

      ‘It was my idea’: Musk claims paternity of OpenAI

      29 April 2026
      Pivotal week for US tech stocks

      Pivotal week for US tech stocks

      28 April 2026
      Sam Altman denies betraying Elon Musk. Shelby Tauber/Reuters

      Worries over OpenAI’s growth as Anthropic gains ground

      28 April 2026
    • In-depth
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      The biggest untapped EV market on Earth is hiding in plain sight

      The biggest untapped EV market on Earth is hiding in plain sight

      1 April 2026
      Datatec is firing on all cylinders - Jens Montanana

      The R16-billion tech giant hiding in plain sight

      26 March 2026
      The last generation of coders

      The last generation of coders

      18 February 2026
    • TCS
      TCS+ | The Up&Up Group on the hidden cost of AI - Jason Harrison

      TCS+ | The Up&Up Group on the hidden cost of AI

      13 May 2026
      Michael Rossouw

      TCS+ | The retirement decision most South Africans get wrong

      6 May 2026
      TCS | The Cape Town start-up listening for TB with AI - Braden van Breda

      TCS | The Cape Town start-up listening for TB with AI

      4 May 2026

      TCS+ | ‘The ISP for ISPs’: Vox’s shift to wholesale aggregator

      20 April 2026
      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      15 April 2026
    • Opinion
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Free calls, dead voice and Shameel Joosub’s Spanish ghost

      22 April 2026
      The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

      The conflict of interest at the heart of PayShap’s slow adoption

      26 March 2026
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      R230-million in the bag for Endeavor's third Harvest Fund - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Top » Apple, Samsung to square off in court

    Apple, Samsung to square off in court

    By Agency Staff10 October 2016
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    apple-vs-samsung-640

    The end of the smartphone wars is almost here.

    Six years after Apple filed its first lawsuit alleging unauthorised copying of the iPhone, the company will square off at the US supreme court on Tuesday against rival Samsung Electronics. They will argue over how much of a US$399m patent infringement award Samsung must pay.

    The fight will be one of the last showdowns between two antagonists that have filed four dozen lawsuits against each other and spent hundreds of millions of dollars on legal fees.

    Samsung says the award, which represents its entire profit from 11 disputed phones, is a “disproportionate” sum for infringement of Apple’s patented design features. Apple says the full award is warranted given Samsung’s “blatant copying” of the iPhone’s iconic look.

    The case comes as both companies grapple with more pressing legal concerns — Apple’s $15bn European tax fight and Samsung’s exploding battery crisis.

    It will be the supreme court’s first examination in 120 years of design patents, which cover the ornamental look of an object rather than any functional aspect. The court last looked at design patents in disputes involving spoon handles in the 1870s and carpets in the 1890s.

    Apple’s design patents cover the rounded corners of its phones, the rim that surrounds the front face and the grid of icons that users view.

    A federal appeals court upheld the award, saying US patent law lets Apple recoup Samsung’s total profit from the phones, and not just the part attributable to the copied design.

    In urging the supreme court to take up the appeal, Samsung said the ruling was akin to awarding the entire profits on a car because of an infringing cup holder. Apple rejects that analogy, saying that its patented features are more like the design of the entire car.

    The case has narrowed since the high court accepted it in March. In court papers, Apple says it accepts that in some cases the patent holder can collect only the profit attributable to a particular component, and not the earnings from the entire product.

    Apple says, however, that Samsung failed to show that the patented designs applied only to part of its phones. Samsung contends that it was Apple’s burden to show that the infringement gave Samsung any increased profits.

    The case “has essentially now devolved into a dispute over what party showed what at trial and who bears the burden of proof,” said Kannon Shanmugam, a Washington lawyer who filed a brief backing Samsung on behalf of companies including Facebook and Google.

    Even so, the amount of money at issue, as well as the PR impact, means the stakes are still high for Apple and Samsung. The supreme court could uphold the award, invalidate it entirely or order a new trial on the amount of damages. Its ruling will also affect Apple’s effort to win another $180m from Samsung for five devices that have already been found to be infringing.

    Samsung already paid Apple the $399m, plus another $150m for infringing a patent on “pinch to zoom” technology. In a separate case, a federal appeals court last week reinstated a $120m verdict against Samsung in a suit involving Apple’s slide-to-unlock feature.

    Hard to settle

    Apple filed its first smartphone suit against HTC in 2010. It quickly developed into a global battle against every major manufacturer of phones running on Google’s Android operating system.

    In the end, Apple never succeeded in getting any disputed devices off the market because the phones evolved faster than the courts could act. HTC eventually signed an agreement not to copy the iPhone, while Motorola Mobility, then owned by Google, simply declared a ceasefire. Apple and Samsung opted in 2014 to drop all but two of the cases.

    A supreme court decision clarifying how much Samsung should pay could be the catalyst for a final settlement, though it won’t be easy, said Paul Berghoff, a Chicago patent lawyer with McDonnell Boehnen Hulbert & Berghoff who has been watching the case but isn’t involved in it.

    “Sometimes once litigants have been battling for so long, what happens is they develop levels of enmity and distrust on both sides that make it very difficult to settle the cases,” he said. “Face-saving is a very real issue for all companies. It’s hard to get out of it once you’re in it.”  — (c) 2016 Bloomberg LP

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Apple Google HTC Motorola Samsung
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticlePolicy makers must learn from past mistakes
    Next Article Zuma wants witness list in Gupta probe

    Related Posts

    Joosub warns of 24 months of pain for phone buyers

    Joosub warns of 24 months of pain for phone buyers

    12 May 2026
    Pop star sues Samsung for $15-million - Dua Lipa

    Pop star sues Samsung for $15-million

    11 May 2026
    Hyperscalers ate my next computer

    Hyperscalers ate my next computer

    8 May 2026
    Company News
    Don't miss the Telviva Tech Insights webinar

    Don’t miss the Telviva Tech Insights webinar

    13 May 2026

    Don’t miss the Pan African DataCentres Exhibition & Conference

    13 May 2026
    Where AI actually belongs in enterprise systems - BBD Software Development

    Where AI actually belongs in enterprise systems

    11 May 2026
    Opinion
    Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

    Free calls, dead voice and Shameel Joosub’s Spanish ghost

    22 April 2026
    The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

    The conflict of interest at the heart of PayShap’s slow adoption

    26 March 2026
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    TCS+ | The Up&Up Group on the hidden cost of AI - Jason Harrison

    TCS+ | The Up&Up Group on the hidden cost of AI

    13 May 2026
    Canal+ firms up 3 June JSE listing

    Canal+ firms up 3 June JSE listing

    13 May 2026
    Starlink wait set to drag on as Icasa flags legal hurdle

    Starlink wait set to drag on as Icasa flags legal hurdle

    13 May 2026
    Malatsi opens door to 'some' partial privatisations of SOEs - communications minister Solly Malatsi

    Malatsi opens door to ‘some’ partial privatisations of SOEs

    13 May 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}