Apple v. Samsung: Apple argues against SCOTUS hearing the case
In a brief in opposition against Samsung’s lawyers’ request for a hearing in Washington, Apple believes that the district court ruling on design patent infringement and the resulting damages aren’t worthy of a SCOTUS review.
Florian Mueller of FOSS Patents says in his analysis that Cupertino is backing its opposition with a lot of merit-based arguments, — arguments such as Samsung using its appeal to get away with what the district court ruled as patent infringement or downplaying the existence and importance of “design patent trolls” — not arguments against the case being worthy of getting a Supreme Court look-over.
Samsung is concerned about the validity of the Apple patents that were the basis of its claim — a concern Apple says Samsung has not explicitly appealed.
The Supreme Court has not heard over a design patent case since about 1894.