One of the cases we are following closely in 2017 is Apple Inc. v. Samsung Electronics Co., Ltd., Nos. 2014-1335, 2015-1029 (Fed. Cir.), which involves the test for determining damages available for infringement of a design patent
On February 7, 2017, on remand from the U.S. Supreme Court, the Federal Circuit declined to address the key remaining legal issue in the Apple v. Samsung case – how a court should go about identifying the relevant “article of manufacture” for which a design patent owner is entitled to the infringer’s “total profit.” Instead, the Federal Circuit remanded the case to the District Court for further proceedings, including the “opportunity to set forth a test for identifying the relevant article of manufacture.” Given the Federal Circuit’s refusal to articulate a test for damages before remand, design patent owners will continue to face uncertainty for the foreseeable future.
Robert M. Masters
Scott W. Doyle
Jonathan R. DeFosse
Ted M. Nissly
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