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[author: Martha Engel]
It’s not too often that the media takes note of a patent dispute, but the Apple v. Samsung dispute has certainly gotten a lot of news attention. Probably because almost 40% of Americans have a phone made by one or the other in their pockets. After a tumultuous trial, on Friday, just two and a half days after closing arguments, the verdict came in from the California jury. The jury found in favor of Apple and awarded the company over $1 billion in damages.
Many people think of their smartphones as just that – “smart,” technologically innovative gadgetry. But what’s interesting about Apple v. Samsung is that 4 out of the 7 patents asserted by Apple covered design, not technological guts. Figures from two of those design patents, D593087 and D618677 are shown below:
Here are some reasons why you may want to consider adding design patents to your arsenal of intellectual property protection:
Now recall that, in patent law, prior disclosures may present a bar to patentability – so it’s important to consider any patent filing strategy before disclosing your design to a third party or to the public.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Winthrop & Weinstine, P.A.
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