Samsung has filed a final appeal in its patent infringement case against Apple, conforming that it is taking the case to the United States Supreme Court.
The move was widely predicted after a federal court threw out Samsung's demands for a new trial and for an earlier award of $400 million in damages to be overturned.
Samsung had hoped that the backing of Facebook and Google, which agreed that a win for Apple would stifle smartphone innovation, would help in its legal challenge.
In its appeal to the Supreme Court, the Korean tech giant said: “The questions present issues of enormous importance to patent litigation and the scope of innovation, especially in high-technology industries.”
Samsung will submit its appeal by November. But with the court receiving thousands of demands each year and only hearing around 150 cases annually, it may be found it does not have a case.
Samsung may be aided by a ruling this week which saw Apple have one of its key patents invalidated by US officials.
If Samsung is successful, it will have managed to get its damages bill down from $1 billion to $100 million in three years.
San Jose Mercury News