Tag Archive for Apple

The Supreme Court Agrees to Review Design Patent Damages Rule

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…

Apple and Samsung Begin to Wind Down the Smartphone Wars

As we’ve written a number of times (e.g., here, here, and here), nothing good has come out of the war between Apple and Samsung. Both companies have spent millions and neither has much to show for it. The big losers, of course, have been consumers, who could be enjoying better products: products that could have been built using…

A Bad Week For Patent Trolls

The courts have not been kind to patent trolls lately. There were recent big decisions affecting Intellectual Ventures, MPHJ, and Rockstar. IV’s Patents Not So Great, Says Judge As you may remember, Intellectual Ventures sued a bunch of banks for patent infringement because that’s where the money was. Well, the first case, against Capital One,…

Apple Wants to Compete on Patent Portfolio, Not Products

(Cross-posted on DisCo) Apple has been an odd player in the patent debate. On the one hand, it’s the company that gets sued by patent trolls more than any other. As a result, it supports most of the patent reform bill, and Apple uses the Covered Business Method (CBM) program far more than any other…

Another Potential Smartphone Patent War Headache for Customs

This is a quick follow up on Monday’s post about the Customs and Border Protection Service and its role in enforcing patent infringement decisions from the International Trade Commission. Depending on what the ITC does in an upcoming case, the CBP might find itself with yet another patent headache from the Smartphone Patent Wars. You…

Smartphone War: What Is It Good For?

The Wall Street Journal (WSJ) has noticed something about the ongoing patent war in the smartphone industry: it’s not accomplishing much of anything. Philip Elmer-DeWitt took the WSJ to task for missing the important distinction between Standards Essential Patents (SEPs) and other patents. But I think there’s still another point that the WSJ and Mr.…

Judge Koh Cuts Apple’s Award Nearly in Half

Despite agreeing with Apple that a court is required “to give great deference to jury awards, and to uphold them where they are supportable by evidence in the record” Judge Koh found that the jury relied on an impermissible legal theory in coming to its damages calculation over $1 billion.  As a result Judge Koh…

Patents in the News 2/27

  Businesses plan to boost IP litigation spending – survey Thomson Reuters February 27, 2013 Dan Levine More publicly traded companies are planning to increase spending on intellectual property litigation over the next 12 months than compared to any other practice area, a new survey of general counsels and heads of litigation has found. Guest…