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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
Design patents are no longer the poor cousin in the world of patents. Today they’re taking their seat at the table with utility patents, copyrights, and trademarks as part of an overall intellectual property protection...more
In its 2016 Samsung Electronics Co. v. Apple, Inc. ruling, the U.S. Supreme Court reinterpreted “article of manufacture” more broadly to encompass both the end product OR its parts, ultimately opening the door to...more
The Apple v. Samsung patent battle over specific design features of Apple’s iPhone has changed the intellectual property (IP) landscape. Now, inventors beyond the technology sector are realizing the business value of design...more
U.S. patent laws allow for the disgorgement of the "total profits" earned by a design patent infringer deemed to have applied the "patented design" to "any article of manufacture." The disgorged profits historically were...more
On May 24, 2018, we received the third (trial) installment in the seven year legal battle between Apple and Samsung over the design of smart phones and related devices. At issue on this go-round was a retrial solely directed...more
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
California jury recently awarded Apple $538.6 million in total damages for patent infringement by Samsung. This is the latest development in the patent battle between smartphone industry titans that began in 2011 and took...more
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
Design patents have been a hot topic in the IP field because statutory law says that infringers must pay the total profits on an article of manufacture that infringes a protected design. The profit disgorgement and...more
Proving that damages for design patent infringement can still be significant, Columbia Sportswear Co. was awarded more than $3 million last month by a California jury in a design patent infringement lawsuit against Seirus...more
The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more
Following a lengthy and extensive litigation that began in 2011 that culminated in a U.S. Supreme Court decision in December of 2016, smartphone industry titans Apple and Samsung will again find themselves in Federal District...more
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
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
Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: updated predictions on patent policy under the Trump administration; recent happenings...more
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
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
In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more
#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more
The New Year brings excitement and anticipation of changes for the best. Some of the pending patent cases provide us with ample opportunity to expect something new and, if not always very desirable to everybody, at least...more
December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more
Justice Sotomayor, writing for a unanimous Supreme Court of the United States, held that for purposes of determining damages for design patent infringement under 35 USC § 289, the relevant “article of manufacture” may include...more
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
Design Patents—Supreme Court Decides Samsung v. Apple - Why it matters: On December 6, 2016, the Supreme Court decided Samsung v. Apple, holding that, for purposes of a "total profits" damages award for infringement of a...more
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