transcript   Transcript

Samsung Electronics Co. v. Apple: Supreme Court has “Designs” on Patent Law

Recorded on: Feb. 10, 2017
Running Time: 01:03:28

Full Transcript:



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Taken from the briefing Samsung Electronics Co. v. Apple:  Supreme Court has “Designs” on Patent Law recorded February, 2017 in New York.


On December 6, 2016, the United States Supreme Court issued a unanimous (8-0) opinion reversing and remanding back to the Court of Appeals for the Federal Circuit one branch of the Apple versus Samsung smartphone patent wars. In a 2015 opinion, the Federal Circuit affirmed an award of $399 million in damages in favor of Apple, following a finding that Samsung smartphones infringed a number of Apple owned design patents. This amount represented the “entire profit” Samsung realized from its sales of the infringing smartphones.

The critical issue at the Federal Circuit, and again at the Supreme Court, was the interpretation of the phrase “article of manufacture” in the context of 35 USC 289. The question before the Court related to the proper quantum of damages available for the sale of a multicomponent product where the design patents at issue covered only components of end products sold to the consumer. Specifically, the Court held that the relevant article of manufacture need not be the end product, but may only be a component, and that the relevant inquiry for remand is whether the relevant article of manufacture for each design patent at issue is the entire phone, or a particular component. The case will have potentially broad implications for the drafting, monetizing and enforcement of design patents. In certain situations, the opinion may alter the amount of available recovery, and alter the necessary expert and factual analysis that forms the base of the design patent damages calculus.

Lecture Topics  [01:03:28]

Listen to  Ira Jay Levy and Christopher W. Stamos of Goodwin Procter LLP for an analysis of:

  • A review of the case background of the context for the Supreme Court decision
  • A preview of the next steps in the litigation
    • What questions will need to be answered on remand
  • Practical implications for:
    • Building a portfolio of design patents
    • Establishing infringement of design patents
    • Trying design patent damages
      • Expert issues
      • Fact Issues

Presentation Material

  • Samsung Electronics Co., LTD., ET AL. v. Apple Inc. - U.S. Court of Appeals for the Federal Court
    Ira Jay Levy, Christopher W. Stamos
  • Samsung Electronics v. Apple Inc., Designs on Patent Law
    Ira Jay Levy, Christopher W. Stamos
Speaker(s)
Ira Jay Levy ~ Goodwin Procter LLP
Christopher W Stamos ~ Goodwin Procter LLP
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