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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. While design patent owners may still pursue the traditional remedies...more
Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only...more
In a patent case brought against 163 defendants that was voluntarily dismissed by the plaintiff, Judge Rochon issued an opinion that offers guidance for defendants that have been wrongfully enjoined via an ex parte temporary...more
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
China’s judicial reform continues to deepen, aiming to build a more transparent and effective system. As one of the crucial battle fields for IP right owners across the world, China has also established the IP courts and...more
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
Assessing Damages in Patent Litigation - Patent Damages - • Damages for infringement shall be “adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the...more
This win is one of the most significant in U.S. history for a design patent case. Vacuum and appliance manufacturer Dyson voluntarily dismissed its appeal to the U.S. Court of Appeals for the Federal Circuit on July 30,...more
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
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
When filing a utility patent that includes design elements, the patentee is often faced with the question “should I also file a design patent?” The patentee may answer with “there is no need to file the design patent since...more
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
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
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
Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more
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
On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more
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
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
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
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
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