News & Analysis as of

Apple v Samsung Remand

Jones Day

What’s in Your "Article of Manufacture"?

Jones Day on

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...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

A&O Shearman on

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

This Year’s Top Ten IP Cases

Knobbe Martens on

#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

Farella Braun + Martel LLP

IP Law December Developments: What to Expect in the Future

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

Hinshaw & Culbertson LLP

U.S. Supreme Court Substantially Devalues Design Patent Damages on Multicomponent Products: What Design Patent Holders Need to...

Hinshaw & Culbertson LLP on

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

Burr & Forman

Samsung Secures 8-0 Win in the Supreme Court Reversing Apple's $400 Million Damage Award

Burr & Forman on

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

Bradley Arant Boult Cummings LLP

Supreme Court Takes Small Bite of Apple, Leaves Bigger Questions Aside on Design Patent Damages

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

Eversheds Sutherland (US) LLP

A Smaller Bite for Apple? Supreme Court Limits Damages for Design Patent Infringement

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

Katten Muchin Rosenman LLP

U.S. Supreme Court Alters Standard for Design Patent Damages and Takes Apple's $400 Million Victory Over Samsung Away (At Least...

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

Clark Hill PLC

Apple v. Samsung – A Smartphone is More than Just a Pretty Face

Clark Hill PLC on

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

Fenwick & West LLP

Litigation Alert: A Unanimous Supreme Court Reverses Federal Circuit Ruling on Damages in Samsung Electronics Co. v. Apple Inc.

Fenwick & West LLP on

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

Knobbe Martens

U.S. Supreme Court Overturns Apple's $400M Award Against Samsung

Knobbe Martens on

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

Snell & Wilmer

Supreme Court Dismantles $400M Apple Design Patent Award Against Samsung

Snell & Wilmer on

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

Foley & Lardner LLP

Supreme Court Complicates Design Patent Damage Calculation – Apple v. Samsung

Foley & Lardner LLP on

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

Ladas & Parry LLP

U.S. Supreme Court Reverses Damage Award In Samsung v Apple

Ladas & Parry LLP on

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

Knobbe Martens

Federal Circuit Review | November 2016

Knobbe Martens on

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent...more

McDermott Will & Emery

Apple Secures Its Permanent Injunction - Apple Inc. v. Samsung Electronics Co., Ltd.

McDermott Will & Emery on

Addressing the factors for granting injunctive relief in multifaceted, multifunction technology, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the district court’s denial of Apple’s request for a...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide