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

Sterne, Kessler, Goldstein & Fox P.L.L.C.
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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 has set June 1, 2018 as the start date of a five-day trial on the issue of the amount of damages Samsung must pay Apple for infringement of three design patents. In remanding the case to the Court of Appeals for the Federal Circuit, which in turn remanded to the district court, the Supreme Court left open the critical question of how to determine an infringer’s “article of manufacture” under 35 U.S.C. § 289 when calculating the total profit to be disgorged by the infringer....

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