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…
Tag Archive for Samsung
Jury Decides Icon Patents Should Award Profits On Entire Phone
by Josh Landau • • 0 Comments
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 • • 2 Comments
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,…
Did You Buy Your Car Just Because Of The Cup Holder?
by Josh Landau • • 2 Comments
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
by Josh Landau • • 4 Comments
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…
Samsung Takes Over As The Largest Recipient Of U.S. Patents
by Josh Landau •
According to recently released data from IAM/ktMine, Samsung is now the largest recipient of active U.S. patents in the world.1 IBM, Canon, Microsoft, and Intel round out the top 5. Recently granted Samsung patents range from OLED display technology to stacked semiconductor memory to improved RF communication techniques to biometric security on devices. (They also…
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…
Apple v. Qualcomm – Double Dipping and Breaking Promises
by Josh Landau •
Back in January, Patent Progress wrote about lawsuits filed against Qualcomm by the FTC and by Apple. Today, Apple filed an amended complaint against Qualcomm, based in part on new law resulting from the Supreme Court’s Lexmark decision on patent exhaustion. A High Water Lexmark In Patent Exhaustion The Lexmark case, while important, is actually…
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…