Ornamental Features, Apple and Samsung: The Reverse of the $400M Verdict

The Supreme Court has stepped into the Apple and Samsung argument by reversing a $400 million verdict.

According to Bloomberg, “The U.S. Supreme Court gave Samsung Electronics Co. its first good news in a while on Tuesday, reversing a nearly $400 million verdict against it for infringing on Apple Inc.’s iPhone patent. The holding was narrow, and the justices sent the case back to the appeals court to figure out what the correct damages should be. But the thrust of the opinion was that damages could be computed based on the profit Samsung made from specific infringing features of the phone — not based on the overall profit from all sales of infringing smartphones.

The case is the latest in a string of decisions over the past several years in which the Supreme Court has rejected rulings by the U.S. Court of Appeals for the Federal Circuit, which specializes in patent law, among other things.”

According to William P. Smith, Counsel at Spilman Thomas & Battle who practices patent law and intellectual property law, “Design patents protect only the ornamental features of a product, which traditionally has been a very narrow scope of protection.  The lower court decision in Samsung appeared to have broadened the scope of design patent protection.  Now the Supreme Court reversal, while leaving intact the lower courts’ scope of protection, may ultimately limit the damages that may be recovered for infringement of a design patent.”

Click here to read the entire Bloomberg article.

 

 

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s