News & Analysis as of

Damages Article of Manufacture

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

White & Case LLP

Design patents: a growing trend in the hardware space

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Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more

Jackson Walker

Ex Parte Reexamination May Cost Apple $177 Million

Jackson Walker on

On May 24, 2018, Apple was awarded a verdict of $533 million for Samsung’s infringement of three Apple design patents. While unsuccessful ex parte reexaminations (EPRs) were filed against two of those three design patents,...more

Jones Day

Jury Dials Up Record-Setting Damages Verdict for Design Patent Infringement

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On May 24, 2018, a jury in the U.S. District Court for the Northern District of California awarded Apple over $533 million in damages for Samsung's infringement of three Apple design patents covering portions of Apple's...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Addressing the Question of How to Determine an Infringer’s “Article of Manufacture” under 35 U.S.C. § 289

Just when it seemed that we might have finally reached the end of the epic battle between Apple and Samsung in what was once called the “patent trial of the century,” the District Court for the Northern District of California...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more

McDermott Will & Emery

Remand to District Court to Attempt to Identify “Article of Manufacture” for Design Patent Damages

Addressing the design patent battle between Apple and Samsung on remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit declined to apply the new standard or to order specific...more

Knobbe Martens

The Apple May Not Fall Far from the Fashion Industry

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In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Substantially Devalues Design Patent Damages on Multicomponent Products: What Design Patent Holders Need to...

Hinshaw & Culbertson LLP on

The U.S. Supreme Court in a unanimous 8-0 opinion reversed and remanded to the U.S. Court of Appeals for the Federal Circuit an award to Apple, Inc. of $399 million of Samsung Electronics Co., Ltd.'s total profits on...more

Burr & Forman

Samsung Secures 8-0 Win in the Supreme Court Reversing Apple's $400 Million Damage Award

Burr & Forman on

The Supreme Court of the United States handed Samsung a victory yesterday by reversing a $400 million judgment previously won by Apple for infringement of several of Apple's design patents. In a unanimous 8-0 decision, the...more

Bradley Arant Boult Cummings LLP

Supreme Court Takes Small Bite of Apple, Leaves Bigger Questions Aside on Design Patent Damages

A unanimous Supreme Court held in Samsung Electronics Co. v. Apple Inc. that Section 289 of the Patent Act does not demand that the entire, infringing end-user product be the basis for determining damages for design patent...more

Clark Hill PLC

Apple v. Samsung – A Smartphone is More than Just a Pretty Face

Clark Hill PLC on

Since their initial release, smartphones have been a hot commodity with intense competition. One particularly contentious issue has been their appearance. During early development, Apple, Inc. (“Apple”) obtained several...more

Fenwick & West LLP

Litigation Alert: A Unanimous Supreme Court Reverses Federal Circuit Ruling on Damages in Samsung Electronics Co. v. Apple Inc.

Fenwick & West LLP on

On December 6, 2016, in a unanimous opinion written by Justice Sotomayor, the Supreme Court reversed the Federal Circuit’s affirmance of the damages award in Samsung Electronics Co. v. Apple Inc. The question before the...more

Knobbe Martens

U.S. Supreme Court Overturns Apple's $400M Award Against Samsung

Knobbe Martens on

A Unanimous U.S. Supreme Court Pulls Back the Reach of Damages Awards for Design Patents Summary The U.S. Supreme Court on Tuesday, December 6, 2016, unanimously held that damages awards for design patent infringement need...more

Snell & Wilmer

Supreme Court Dismantles $400M Apple Design Patent Award Against Samsung

Snell & Wilmer on

In Samsung Electronics Co. v. Apple Inc., the Supreme Court of the United States today reversed the Federal Circuit’s decision upholding Apple Inc.’s nearly $400 million design patent award against Samsung Electronics Co.,...more

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