Innovation Insights

What does the Apple vs Samsung ruling mean for design patents?

Written by Joe Bamsey on Dec 7, 2016 10:49:15 AM

Yesterday the supreme court reversed its decision in the design patent infringement case between Apple and Samsung. The ruling means that Samsung's original patent damages bill of $399 million will be significantly reduced. This decision sets a new precedent for the calculation of damages from design patent infringement cases under "article of manufacture rules", meaning patent holders can no longer expect damages to be calculated based upon the entirety of the profits from the sale of a product infringing a design patent. Instead, they may only seek recovery from profits which are attributable to the infringing feature(s).

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Topics: Patents, Legal, Design Patents