DOJ Urges Supreme Court Remand Samsung's Patent Damages Dispute With Apple to District Court

The DOJ urged the Supreme Court on Wednesday to overturn the U.S. Court of Appeals for the Federal Circuit's May ruling that whittled down the amount of damages that Samsung is required to pay Apple in a patent infringement lawsuit Samsung lost in 2012. The Supreme Court partially granted Samsung's petition in March for a review of the Federal Circuit ruling, which pared down the amount of damages Apple was entitled to receive to $548 million. The Supreme Court agreed to hear the case only on the issue of determining damages, while Samsung also sought a review on the issue of defining the scope of what constitutes a patentable design element (see 1603210057). The DOJ didn't ask in its amicus brief for the Supreme Court to side specifically with either Apple or Samsung, instead urging the court to remand the case to the U.S. District Court in San Jose, California. Further litigation at the San Jose court is needed because it's unclear based on the evidence presented whether Samsung has proven the damages Apple is entitled to should be calculated based on infringement of specific phone components rather than on the total profits from a phone, DOJ said. Samsung similarly argued in its opening brief that “at a minimum, a new trial is necessary.” Apple didn't comment on DOJ's amicus brief. A Samsung spokesman pointed to the DOJ brief as further evidence of the “overwhelming support” from outside parties in favor of the company's appeal of the Federal Circuit ruling.