Justices hearing arguments Tuesday in the long-running dispute seemed troubled that Samsung was ordered to pay all the profits it earned from 11 phone models even though the features at issue are just a tiny part of the devices.
But some justices struggled over how a jury should be instructed if the case is sent back to a lower court.
“If I were a juror, I wouldn’t know what to do,” said Justice Anthony Kennedy.
Justice Stephen Breyer appeared to embrace a test proposed by Facebook, Google and other internet companies that would outline new limits on such damage awards. Other justices seemed to favor a different test proposed by the Obama administration.
“Why can’t we just ask the lower courts to listen…