Member News

U.S. Supreme Court Hears Oral Arguments in Samsung v. Apple Design Patent Case


On Tuesday, October 11, 2016, the U.S. Supreme Court heard oral arguments regarding the extent to which a design patent holder may recover infringement damages under 35 U.S.C. § 289 when multi-component products are at issue.  Section 289 states that an infringer of a design patent “shall be liable to the owner of the extent of [the infringer’s] total profit.”  The statute, however, refers only to the “article of manufacture” to which the design is applied.  It does not address what happens when multi-component products are sold but only one component infringes the design patent

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Authored by Scott W. Doyle, Robert M. Masters, Jonathan R. DeFosse and Kristin M. Whidby
Compliments of Fried Frank – a member of the EACCNY