In the morning news on January 19th, Beijing time, Samsung had more friends in the litigation battle with Apple – including farmers, small businesses founded by African Americans and an electronics retailer.
Legal experts, non-profit organizations, and technology companies have submitted a non-participant statement against Samsung, calling on the US Supreme Court to consider accepting the patent infringement lawsuit. They hope that the Supreme Court can better define design patents and limit the amount of claims for such patents. They hope to use the Apple v. Samsung case to promote the US federal government to carry out patent reforms to prevent the so-called patent hooligans from gaining improper benefits through intellectual property rights.
“This is a very important topic that will affect our millions of customers,†said Lee Cheng, the chief legal officer of the online electronics retailer New Egg, in an interview. New Egg submitted a statement of opinion with Dell, eBay, Facebook, Google, HP, Vizio and software company Pegasystems. They believe that if the patent law is not modified, it will eventually lead to fewer and fewer consumers' choices and higher costs.
“We are a strong supporter of the patent system,†Lee Cheng said. “Despite this, there is still a lot of abuse.â€
Samsung declined to comment on non-party opinions, and Apple has not commented on it.
The Korean company filed an application with the US Supreme Court in mid-December last year, hoping to review the patent dispute between the company and Apple. The trial ended in 2012, and most of the designs used by popular smartphones were related to the case, and Samsung eventually compensated Apple for $548 million.
The US Supreme Court received a total of six non-participant statements in support of Samsung. In addition to New Egg and some large Silicon Valley technology companies, other Samsung-supporting groups include law professors at Stanford and Georgetown University; non-profit digital rights organizations such as Public Knowledge and Electronic Frontier Foundation; and Computer and Communications Industry Association, Latino Interest groups such as the Leadership Foundation and the African American Chamber of Commerce.
Public Knowledge and the Electronic Frontier Foundation stated in a non-participant statement that the federal court's interpretation of patent regulations “is harmful to the overall patent system and innovation, causing a huge disconnect between infringement compensation and patent value.†The focus of profit organizations is to protect the openness of the Internet and protect consumers in the digital world.
If the US Supreme Court decides to accept the case, its final ruling will affect the entire technology industry and will have an impact on the electronics that consumers can buy. Samsung and some Silicon Valley giants have said that the ruling of the lower court may have a "devastating impact" on the release of new products, because it will increase their fear of the lawsuit. Apple said that the company only took the necessary measures to defend its intellectual property rights and protected the sensational iPhone series.
It is unclear whether the Supreme Court is considering accepting the case, but they have not accepted any patent-related lawsuits since the 1800s. The lawsuits involved in scoops, carpets, saddles, blankets and other commodities. Since then, the whole world has undergone earth-shaking changes. Samsung hopes that the US Supreme Court will provide a guide to make it clear what content can be covered by design patents and to set a range of claims.
Rebecca Tushnet, a professor of law at Georgetown University, and 36 other intellectual property law professors submitted a new non-participant statement, including Mark Lambley, a professor at Stanford Law School. Mark Lemley), Professor of Law at the University of Notre Dame, Mark McKenna, and Professor of Law at New York University School of Law, Katherine Strandburg. These professors stated in their opinion statements that the current US design patent law hurts innovation and may result in extremely high compensation. If the law is not better defined, it will lead to more lawsuits.
“We did see a lot of patent lawsuits,†said Schneider in an interview with the media. “If the Supreme Court does not accept the case, there will be more lawsuits in the future.â€
The American Computer and Communications Industry Association said that if the lower courts interpret the design patent compensation standards. “Our member companies may face huge claims for patents.â€
Other organizations have expressed similar views.
In fact, this is not the first time that legal experts and technology companies have supported Samsung. Silicon Valley technology giants including Google, Facebook, eBay and Hewlett-Packard jointly submitted a document in July last year to express support for Samsung. They said that the patents involved in Apple's 2012 success were only a less important technology, and if the ruling was supported, it would hurt companies trying to develop "practical modern technology."
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