NEW YORK (Reuters) - After five years of litigation, the U.S. Supreme Court will hear arguments on Tuesday in the bitter patent dispute between the world’s two top smartphone manufacturers over the amount Samsung should pay Apple for copying the iPhone’s distinctive look. The ensuing litigation, and threats of litigation, will further undermine innovation and the research and development efforts of amici—a particularly troubling development in light of the spurious quality of many design patents

While a jury initially awarded Apple $930 million back in 2012, the award was later reduced to $548 million. “Samsung’s smartphones are sold as single, unitary articles to ordinary purchasers,” the brief notes, “and their infringing designs are closely intertwined with the phones’ hardware and software to create the products’ overall look and feel.” Apple’s brief also suggests Samsung’s infringement was brazen, noting, “The evidence showed how assiduously Samsung copied Apple’s iPhone in response to its ‘crisis of design,’ and instantly increased its market share,” the brief noted.
The U.S. Supreme Court hears arguments in a patent dispute between Apple Inc. and Samsung concerning both company's smart phone designs (Samsung Electronics v. Apple (15-777)).