The issue now appears to be focused on the difference between the court determining if Apple's accusations cover individual components of patent infringement, or the entire product. In court records, Apple is said to "accept" that in some cases the patent owner can collect profits only "attributable to a particular component," not the earnings of the entire Samsung smartphone.
All the same, Apple said that Samsung "failed to show that the patented designs applied only to part of its phones" during the previous half-decade of court proceedings, so the latter company's defense of paying less for individual parts of the smartphone shouldn't be allowed to stand. According to lawyer Kannon Shanmugam, the case "has essentially now devolved into a dispute over what party showed what at trial and who bears the burden of proof."
In total the patent dispute amounts to nearly $550 million aimed at Samsung. The company has already paid the amount, but a clause stipulates the potential ruling in its favor requires Apple to pay back the money. Just last week, in a completely separate Samsung-vs-Apple lawsuit, The U.S. Court of Appeals for the Federal Circuit granted Apple a $120 million win over Samsung concerning the company's slide-to-unlock patent.
According to Chicago patent lawyer Paul Berghoff, a clarifying decision on the specific amount owed by Samsung to Apple could be the ultimate "catalyst for a final settlement" in the long-running case.
“Sometimes once litigants have been battling for so long, what happens is they develop levels of enmity and distrust on both sides that make it very difficult to settle the cases,” he said. “Face-saving is a very real issue for all companies. It’s hard to get out of it once you’re in it.”
Interestingly, the case also marks the Supreme Court's first examination of a design patent dispute in 120 years, "which cover the ornamental look of an object rather than any functional aspect." Previously, the Supreme Court oversaw design patents in disputes focused on spoon handles in the 1870s and carpets in the 1890s.