Blog Posts

CCIA Releases White Paper On Standard Essential Patents

Yesterday, the Computer & Communications Industry Association, joined by five other trade associations representing industries ranging from retail to automotive to smartphone apps, released a white paper describing how certain views on antitrust policy as it relates to standard essential patents (SEPs) are contrary to both established legal precedent and to economic policy.  The white…

Jury Decides Icon Patents Should Award Profits On Entire Phone

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…

Sovereign Immunity, Upper Skagit, and Patents

Earlier this week, the Supreme Court released their decision in Upper Skagit Indian Tribe v. Lundgren.  The opinion effectively held that the simple fact of in rem jurisdiction does not always bar claims of tribal sovereign immunity. In rem jurisdiction is one argument that might bar the new practice of renting tribal sovereign immunity to…

Smartphones, Diapers, and Design Patents

Apple v. Samsung is obviously about high tech smartphones.  Other recent design patent cases have focused on high tech products as well—both the Nikola v. Tesla case Patent Progress covered recently and the Microsoft v. Corel case that Prof. Sarah Burstein described over on Patently-O deal with high tech products. But the basic issue with…

Did You Buy Your Car Just Because Of The Cup Holder?

Opening arguments in Apple v. Samsung started this morning.  While round six of the long-running case deals with smartphone patents, the potential impacts range much further.  As I noted in my post yesterday, a rule of design patent damages that allows patentees to receive the total profits on the entire product even though the design…

Apple v. Samsung, Round Six

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…

Nikola v. Tesla Illustrates Danger Of Overreaching With Design Patents

Last week, Nikola sued Tesla over advanced technology trucks.  But it isn’t about the technology. It’s not AC vs. DC or Edison vs. Tesla.  It isn’t even about electric vehicles (or hydrogen-electric trucks, Nikola’s chosen technology). It’s about the shapes of windshields and doors.  It’s about design patents. And Nikola got it all wrong. A…