Reuters reports that the U.S. Department of Justice has asked the Supreme Court to overturn its ruling that was in favor of Apple in its battle against Apple vs. Samsung for patent litigation. It has also asked that the case returns to the trial court. The DOJ had submitted an amicus brief on this matter to the court on Wednesday on behalf of Samsung.
In its amicus brief submitted to the Supreme Court, Samsung argues that the damages awarded to Apple are unfair because it was calculated based on the total profits earned from the product. However, the infringing patent was only relevant to one component of the device, rather than the whole smartphone itself. The Supreme Court has already accepted Samsung’s appeal, and if the court deems necessary, it will send the case back to the trial court to determine if a new trial is required or not.
In its amicus brief on Wednesday, the Justice Department said it was unclear whether Samsung had produced enough evidence to support its argument that phone components, not the entire phone, should be what matters when calculating damages.
The Supreme Court should send the case back for the trial court to determine whether a new trial is warranted on that issue, the Justice Department said.
The patent battle between Apple and Samsung have been going on since 2011, when Apple first sued Samsung for infringing some of its iPhone-related patents and designs. The first trial saw Samsung being ordered to pay Apple $930 million, which was eventually reduced to $548 million in 2015.
Samsung has already paid Apple the $548 million in damages it was asked to, but a change in ruling could see Apple having to return some portion of the money back to the Korean company.