Samsung isn't arguing that it didn't violate an Apple patent for the design of the iPhone. It's saying that a lower court order requiring it to pay the full earnings ($399 million) from the device that violated the patent is too much. After all, hundreds of patented parts go into a Samsung phone. The design is just the outside covering.
Apple, on the other other hand, says the design is what gives a phone its identity. According to Noreen Krall, Apple's chief litigation officer: "Eleven times now, Samsung has been found guilty of intentionally and blatantly copying the iPhone. Every court at every level has agreed. We think that's wrong and that it poses chilling risks to the future of design innovation."
The Supreme Court will have a decision on the matter by next June. MS