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

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., Ltd. Apple secured the award after a jury found that Samsung infringed Apple’s design patents covering the iPhone’s iconic front face with rounded corners and 16 colorful icons on a black screen. Section 289 of the Patent Act permits a design patent holder to recover an infringer’s total profits from the sale of any “article of manufacture” to which the infringing design has been applied.  The Federal Circuit upheld   Read More »

Posted in IP and Technology Litigation, Patent Litigation | Tagged , , , ,

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Apple v. Samsung: The Federal Circuit Recognizes Protection for Confidential Information That Would Harm Competitive Interests, Despite the High Profile Nature of the Litigation

The Federal Circuit has ruled that Apple Inc. and Samsung Electronics Co.’s financial and internal market research information may remain protected and need not be disclosed to the public.  As we have noted separately, U.S. District Court Judge Koh had denied both parties’ motions to seal financial and other commercial information that the parties considered confidential—motions which neither party contested—in the Apple v. Samsung smartphone and tablet patent litigation.  In the appeal of these decisions to the Federal Circuit, the parties sought to maintain information regarding profit margins, profits on specific products, unit sales, revenue, costs, and internal market research   Read More »

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Recent Decision Highlights Complex Interplay Between Standard-Essential Patents and FRAND Licensing Terms

Patents confer upon the owner of the patent the right to exclude others from making, using, offering for sale, selling or importing the invention for a set period of time.  Tensions arise when patented technologies are included as part of industry technical standards, creating standard-essential patents that are required for system interoperability for certain technologies.  In such cases, patent owners can make contractual commitments to an industry standard-setting organization (SSO) to license technology on fair, reasonable, and non-discriminatory terms (known as FRAND or RAND) to promote such interoperability and provide lower product costs and increased price competition.  Standard-essential patents, however,   Read More »

Posted in IP and Technology Litigation, Patent Litigation | Tagged , , , , , , ,

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