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ARTICLE · 07 APRIL 2016

Yet Another Bite At This Apple: Damages In Design Patent Cases

McDermott Will & Emery
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In the appeal regarding the appropriate claim construction and reviewability of institution decisions in inter partes reviews, Cuozzo Speed Techs. v. Lee, Case No. 15-446, oral argument is set for April 25, 2016.

United StatesIntellectual Property
Paul Devinsky
Paul Devinsky
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Samsung Electronics Co., Ltd. v. Apple Inc.

The Supreme Court of the United States has now agreed to review a 2015 decision by the US Court of Appeals for the Federal Circuit regarding the proper measure of damages in cases of design patent infringement. Samsung Electronics Co., Ltd. v. Apple Inc., Case No. 15-777 (Supr. Ct., Mar. 21, 2016), cert. granted.

At the Federal Circuit, Samsung argued that it was legal error to allow the jury to award Apple all of Samsung's profits on the infringing smartphones. Samsung argued that damages should have been limited to those profits that are proven to be causally attributable to the infringement, i.e., that Apple should have been required to apportion damages for infringement of design patents, the same way as is required for infringement of utility patents.

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