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Apple v Samsung Patents

Erise IP

The Rise of Design Patents in the Last Decade

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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

Kilpatrick

Design Patent Damages Post Samsung v Apple

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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

Holland & Hart LLP

The Rise of Design Patents: Insights from the Apple v. Samsung Battle

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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

McDermott Will & Emery

Reasonable PTAB Determinations Supported by Substantial Evidence Will Be Sustained

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The US Court of Appeals for the Federal Circuit reiterated the standard under which Patent Trial and Appeal Board (PTAB) decisions regarding obviousness are reviewed, concluding that substantial evidence supported the PTAB’s...more

Jones Day

What’s in Your "Article of Manufacture"?

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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

Husch Blackwell LLP

Apple V. Samsung

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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

Morrison & Foerster LLP

JPO Released Its Practical Guide to SEP Licensing Negotiations

The Japan Patent Office (JPO) published a 56-page “Guide to Licensing Negotiations Involving Standard Essential Patents” (“Guide”) on June 5, 2018. The Guide provides an overview of licensing negotiation processes and royalty...more

Jackson Walker

Ex Parte Reexamination May Cost Apple $177 Million

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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

Mintz - Intellectual Property Viewpoints

Smartphone Wars – The Last Jury: Samsung Owes $539M for Infringing Apple’s Patents

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

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

Ladas & Parry LLP

It’s 2018: The Impact Of IP Decisions From 2017

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2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

JD Supra Perspectives

Recent Developments Determining Design Patent Damages

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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

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

Total Profit on the Article as Sold is Alive and Well in Design Patent Litigation

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

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

The Goods on IP - October 2017

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

Mintz - Intellectual Property Viewpoints

Apple and Samsung Are Headed Back to the Court Room

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

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...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

Jones Day

Jones Day’s Review of Business-Related Cases in the Supreme Court’s October Term 2016

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During what many have labeled a “quiet Term,” the U.S. Supreme Court, working with only eight justices for most of the session, still delivered at least 30 rulings of particular interest to business and industry. These...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit issued a single precedential patent decision this week – the Genband v. Metaswitch case where the Circuit vacated the denial of a motion for preliminary injunction out of concern that the district court applied...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

A&O Shearman

Intellectual Property Newsletter - March 2017

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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

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

Skadden, Arps, Slate, Meagher & Flom LLP

"2016-17 Supreme Court Update"

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

McNees Wallace & Nurick LLC

McNees 2016 In Review – Trademarks, Copyrights and Patents

The year 2016 saw interesting and diverse developments in trademark, copyright, trade secret, and patent law. Not only has intellectual property news been in the headlines, but these areas have made it to the Supreme Court....more

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