A few weeks back, I outlined some of the problems created when design patent law is interpreted in negative ways. One particular issue? The negative incentives created if the article of manufacture to which icon patents are applied is the entire device. When I wrote that post, these were still hypotheticals. A sole juror is…
Blog Archives
Jury Decides Icon Patents Should Award Profits On Entire Phone
by Josh Landau •
Yesterday, after almost four days of deliberation, the Apple v. Samsung jury decided Samsung owed Apple over $500 million of Samsung’s profits. Faced with an artificial and unsound test, the jurors struggled to understand just what they were supposed to do. Ultimately, the jurors awarded Apple profits on the entire Samsung device for Apple’s…
Icon Patents Shouldn’t Entitle The Patent Owner To Profits On The Whole Device
by Josh Landau •
An important part of the Apple v. Samsung trial is about the exterior casing design patents. But those aren’t the only design patents at issue—the other design patent in the case covers a colorful grid of icons with particular characteristics like rounded corners and variable icons: As a reminder, a design patent covers a “new,…
Apple v. Samsung, Round Six
by Josh Landau •
A district court trial. A retrial, after part of the verdict was vacated. An appeal to the Federal Circuit. A Supreme Court opinion with a remand to the Federal Circuit. A remand from the Federal Circuit back to the district court. Seven years after Apple originally filed suit against Samsung, we’re right back in Judge…
New Trial On Design Patent Damages, But A Flawed Test
by Josh Landau •
In the long-running Apple v. Samsung dispute, which has now gone from the trial court to the Federal Circuit to an en banc opinion to the Supreme Court and then back to the Federal Circuit and finally back to the trial court, Judge Koh has granted a new trial on the issue of damages for…
Samsung v. Apple: A Funny Thing Happened on the Way to the Court
by Matt Levy •
(Cross-posted at Huffington Post) A funny thing happened on the way to the Supreme Court in yesterday’s Samsung v. Apple design patent dispute. The high court was expected to review the lower court’s award of the entire profits made for 11 different smartphone models — just under $400 million. Coming into the argument, it looked…
The Supreme Court Agrees to Review Design Patent Damages Rule
by Matt Levy •
Today, the Court granted certiorari in the Apple v. Samsung case on the question of design patent damages. We filed an amicus brief in support of Samsung’s petition. The Federal Circuit interpreted design patent damages law in a disastrous way. Based on the shape of the outer case of Samsung’s phones, it said that Apple…
CCIA Asks Supreme Court to Weigh in on Apple v. Samsung Case
by Matt Levy •
Last Friday, we filed a brief in the Samsung v. Apple case. The issue we addressed was the proper damages rule for infringement. The Federal Circuit held that Apple was entitled to all of Samsung’s profits for several smartphone models that were found to use some ornamental designs of Apple’s. The rule itself is ridiculous;…
Apple v. Samsung (ITC) – Initial Determination
by Matt Levy •
Apple v. Samsung “Apple-Samsung I”
by Matt Levy •
Related Cases: Court of Appeals for the Federal Circuit: 12-1506 (Samsung’s Appeal of Preliminary Injunction); 12-1600 (Apple and Samsung appeal of Judge Koh’s Order of Public Disclosure); 13-1129 (Apple’s Appeal of Final Judgment) – (consolidated with 13-1146 – Samsung’s Appeal of Final Judgment). Next Event: Trial concluded Summary: Apple-Samsung is the first of the smart…
Apple v. Samsung “Apple-Samsung II”
by Matt Levy •
Next Event: Claims construction hearing and tutorial are scheduled for February 14th 2013, and jury trial is scheduled to begin at the end of March, 2014. Jury selection is scheduled for March 31, 2013. Summary: This is the second patent infringement case between Apple and Samsung before Judge Koh in the Northern District of California. …
Samsung v. Apple
by Matt Levy •
“Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers” Next Event: Awaiting notice of the Commission’s decision whether or not to review the Initial Determination. The target date for completion is January 14, 2013. Summary: Samsung asserts that Apple violated Section 337 by important and selling products that…
Method and apparatus for providing translucent images on a computer display
by admin •
Patent number: RE41922 Filing date: Jun 5, 2002. Issue date: Nov 9, 2010. Application number: 10/163,748. A method and apparatus is described for producing …
Electronic device
by admin •
Patent number: D618678 Filing date: Feb 23, 2009. Issue date: …
Electronic device
by admin •
Patent number: D558757 Filing date: Jan 5, 2007. Issue date: Jan 1, 2008. Application number: 29/270,885. Inventors: …
Audio I/O headset plug and plug detection circuitry
by admin •
A single prong, multiple signal conducting plug and plug detection circuitry is provided. The plug may be electrically coupled to a stereo headset including a …
Cantilevered push button having multiple contacts and fulcrums
by admin •
Patent number: 7863533. Filing date: Sep 26, 2008. Issue date: Jan 4, 2011. Application number: …
Plug detection mechanisms
by admin •
Patent number: 7789697. Filing date: May 29, 2008. Issue date: Sep 7, 2010. Application number: …
Touch screen device, method, and graphical user interface for determining …
by admin •
A computer-implemented method for use in conjunction with a computing device with a touch screen display comprises: detecting one or more finger contacts …
Apple v. Samsung
by Matt Levy •
“Certain Electronic Digital Media Devices and Components Thereof” Next Event: Awaiting full Initial Determination with remedy recommendation, and possible Commission review. A Notice of Initial Determination was announced on October 24, 2012. Final target date is February 19, 2013. Summary: Apple alleges that Samsung smartphones and other devices infringe on five Apple utility patents and…