In a September 2015 panel decision, Achates Reference Publishing v. Apple, the US Court of Appeals for the Federal Circuit ruled that under 35 USC 314(b), decisions of the Patent Trial and Appeal Board (PTAB) finding that an...more
A unanimous US Supreme Court held that for purposes of determining damages for design patent infringement under 35 U.S.C. §289, the relevant “article of manufacture” may include either the end product sold to the consumer or...more
12/8/2016
/ Apple ,
Apple v Samsung ,
Cell Phones ,
Design Patent ,
iPhone ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Samsung ,
SCOTUS ,
Smartphones
In its October 7 en banc decision in Apple v. Samsung, the US Court of Appeals for the Federal Circuit, without benefit of en banc briefing, issued an unusual opinion overturning a panel decision for the purpose of...more
10/12/2016
/ Appeals ,
Apple ,
Apple v Samsung ,
En Banc Review ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Prior Art ,
Samsung ,
Smartphones ,
Substantial Evidence Standard
In a trio of orders addressing the extent of express explanation required in a petition for post-grant review, the Patent Trial and Appeal Board (PTAB or Board) found each petition defective for lack of explanation regarding...more
Addressing the issue of damages for trade dress and design patents, the U.S. Court of Appeals for the Federal Circuit upheld the bulk of Apple’s roughly $930 million damages award, noting that there is no apportionment...more
The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more
In a case essentially decided on a single disputed claim construction, the U.S. Court of Appeals for the Federal Circuit rejected a narrow construction of the claim term “program” and construed the term, consistent with its...more
Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars -
A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more
In a case where the district court denied Apple’s request for a permanent injunction against certain Samsung smartphones, the Federal Circuit has remanded the matter to the district court in order to reconsider its...more
On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more
8/8/2013
/ Apple ,
Apple v Samsung ,
Barack Obama ,
FRAND ,
Imports ,
International Trade Commission (ITC) ,
iPhone ,
Mobile Devices ,
Patents ,
Public Policy ,
Samsung ,
Smartphones ,
Standard Essential Patents