After losing its appeal from a $548 million damages award for infringing Apple utility and design patents in May, Samsung hoped to have its appeal re-heard by the U.S. Federal Circuit Court of Appeals (USCAFC) en banc. On August 13, 2015, the USCSFC declined Samsung’s petition without comment.
Samsung argued that a re-hearing en banc was justified because the three-judge USCAFC panel wrongly decided the appeal in May by leaving intact a part of the 2012 jury verdict responsible for almost $400 million of the damages awarded to Apple. According to Samsung, there was also an absence of guidance provided to the jury about understanding the scope of a design patent.
Samsung is now left with two options: paying Apple’s damages or petitioning to have the matter heard by the US Supreme Court.
E-TIPS® ISSUE
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