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Samsung Apple

Apple v. Samsung: The Parties Weigh in on Next Steps

On Tuesday, December 6, 2017, the United States Supreme Court issued its first opinion in a design patent case in more than 120 years. In the long-running smartphone saga between Apple and Samsung, the issue before the...more

IP Cases to Watch in 2017

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

Design Patents – The Forgotten Protection

The use of design patents to protect a new product is frequently overlooked. The public only becomes aware of design patents whenever the rare blockbuster jury verdict arises such as Apple’s verdict over Samsung over iPhone...more

Intellectual Property Law - December 2016

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

Supreme Court Signals Shift in Approach to Damages in Design Patent Infringement Cases

by K&L Gates LLP on

In its first design patent case in over a century, the Supreme Court on Tuesday, December 6, 2016, reversed a damages award Apple Inc. (“Apple”) had won over Samsung Electronics Co., Ltd. (“Samsung”) in their protracted...more

For Design Patent Damages 'Article of Manufacture’ Not Necessarily Entire End Product

by McDermott Will & Emery on

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

Supreme Court Rules Against Apple in Design Patent Case with Samsung, Remands to Federal Circuit to Formulate Test for Identifying...

by Mintz Levin on

Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that...more

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more

Supreme Court Reverses Apple’s $400 Million Damage Award Against Samsung

On December 6, 2016, the Supreme Court ruled unanimously, in an opinion by Justice Sotomayor, that an award of total profits for infringing a design patent need not be calculated based only on the end product sold to an...more

The Sum of the Parts ? the Whole? SCOTUS on Samsung v Apple

by Ballard Spahr LLP on

The U.S. Supreme Court unanimously overturned a $400 million damages award against Samsung for infringing Apple's smartphone design patents. In a decision that upsets a long-standing rule for calculating damages for design...more

Supreme Court’s Apple Decision Opens a Can of Worms on Patent Awards

Today the Supreme Court found an ambiguity in the Patent Act, reversing Apple’s $399 million infringement award against Samsung....more

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

by Burr & Forman on

Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for...more

The Decision To Grant Rehearing En Banc In Apple v. Samsung

by Foley & Lardner LLP on

On October 7, 2016, the Federal Circuit issued another decision in the ongoing patent litigations between Apple and Samsung that began in the Northern District of California. The district court had found at summary judgment...more

Federal Circuit Patent Updates - October 2016

by WilmerHale on

Medtronic, Inc. v. Robert Bosch Healthcare (No. 2015-1977, -1986, -1987, 10/20/16) (Lourie, Dyk, Hughes) - Dyk, J. Denying petition for rehearing and confirming the Court's earlier order. “The Board's vacatur of its...more

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

by K&L Gates LLP on

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

Smartphone Patent War: En Banc Federal Circuit Rebukes Earlier Panel Decision and Reinstates Jury Verdicts for Apple against...

by McDermott Will & Emery on

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

Technology Companies Continue Their Automotive Invasion

by Foley & Lardner LLP on

As we have written about before, the difference between technology companies and automotive companies is getting smaller and smaller. That trend continues to progress. Samsung Electronics Ltd. is closer to becoming an...more

Subsequent Employment Agreement Assigning Inventor's Intellectual Property Rights Does not Defeat Standing for Inventions Created...

The plaintiff, Odyssey Wireless ("Odyssey") filed four separate actions for patent infringement against Defendants Apple, Samsung, LG, and Motorola, alleging infringement of U.S. Patent Nos. 7,881,393; 8,199,837; 8,576,940;...more

Samsung Electronics America, Inc. v. Smartflash LLC (PTAB 2016)

PTAB Not Bound by Prior District Court Ruling on § 101 - On March 30, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a Final Written Decision in a case captioned Samsung...more

Three Point Shot - March 2016

by Proskauer Rose LLP on

California Court to PGA Tour Caddies: You'll Get Nothing and Like It! As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players...more

The Smart Phone Patent Saga Continues - Apple Inc. v. Samsung Electronics Co., Ltd., et al.

by McDermott Will & Emery on

In a case involving suits, countersuits and multiple appeals by the two giants of the mobile phone space, the US Court of Appeals for the Federal Circuit reversed a jury’s finding of infringement, voiding the accompanying...more

The Supreme Court Emerges From Its Carbon Freeze on Design Patents

by Dorsey & Whitney LLP on

When we last left our story, Jedi combatants Apple and Samsung were circling the Supreme Court imploring it to review their dispute involving design patents—an area of the law that the Court has not touched in over a century....more

Supreme Court Decides to Hear Samsung v. Apple, Appears Ready to Weigh-In on Patent Damage Calculations

This week, in Samsung Electronics Co. v. Apple Inc., No. 15-777, the Supreme Court granted Samsung’s petition for certiorari and agreed to hear the case about Apple’s smartphone design patents in its upcoming term. This will...more

The Supreme Court - March 2016 #3

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one per curiam decision on March 21, 2016: Caetano v. Massachusetts, No. 14-10078: Massachusetts enacted a law prohibiting the possession of stun guns. That law was upheld...more

Now It’s Apple and Samsung: Patents, Rulings and Appeals

In a Federal Circuit decision handed down recently, the appeals court overturned a $120 million jury verdict awarded to Apple. Samsung prevailed in this, the third appeal in this litigation. Two of Apple’s patents were found...more

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