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Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
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I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
For the first time outside of the originating case itself, a federal appeals court was called upon to apply the principles governing disgorgement in SEC enforcement actions established by the United States Supreme Court’s...more
A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...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
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
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
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
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
In a case reversing a $399 million damages award to Apple, the U.S. Supreme Court has held unanimously that an “article of manufacture” under the design patent damages statute can be anything from an entire product to a...more
On December 6, 2016, the United States Supreme Court handed down an important unanimous decision regarding damages in design patent cases, throwing out a $400 million damages award that Apple had won from Samsung over...more
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
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
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
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
On December 6, 2016, the Supreme Court issued a rare unanimous decision on the issue of damages for design patent infringement that continues the Apple v. Samsung smartphone legal odyssey. It also marks only the second time...more
For the first time in a century, the United States Supreme Court took up a design patent case. The question before the Court was are all of Samsung’s infringing smartphone profits a proper basis for damages or just some...more
“Article of Manufacture” can mean the whole product or a component of that product; $399 million verdict reversed and remanded - In a case which will likely have a significant impact on damages in cases alleging...more
The Supreme Court on December 6, 2016 ruled that when considering the basis for awarding damages based on the infringer’s profits from infringing a design patent, it is not necessary to base these damages on the profit made...more