Once again, these two companies are back in court..but this time...the Supreme Court
Why is this important?
First time in 120 years the Supreme Court will hear a patent case related to design patentsAs a result, a decision will set a precedent for companies and future cases
How did we get here?
Long story, Apple sued Samsung for design infringement on iPhone. Samsung appealed the costly verdict ($548 million) and it is headed to the Supreme Court.Case DetailsDesign Patents - Addresses what products look like - included things like spoons, fireplaces, etc
Samsung opinion: That these patents are "poorly suited to complex devices with many features, adding that they can give rise to disproportionate penalties"
Apple opinion: Declined to Comment
Legal Issue at Hand
David Opderbeck (Law Professor): “The key question is whether damages relating to a design patent should be apportioned in relation to the value added by the patented design or can cover the infringer’s entire profit on the infringing product,” he said.Samsung: "even if the patented features contributed 1 percent of the value of Samsung’s phones, Apple gets 100 percent of Samsung’s profits.”
Apple: Declined to Comment
Google and Facebook: Legal framework is “out of step with modern technology.”
Analysis:
Interesting case because it is going to Supreme Court. As opposed to other technical patents, this is a design patent, and not a utility patent. Therefore, it won't solve many of the other mobile patent issues that are related to networking, operating system, and touchscreen technology. Regardless, it is a major issue because if Apple wins it may set the tone for Android design in the upcoming years. This would require Google and the Android manufacturers to rethink design that is different than Apple's design.
If Samsung wins, it would be another penalty and redefine the value/purpose of design patents in mobile space.
Hi Jaskirat,
ReplyDeleteThis is a very interesting read and I enjoyed your perspective on the Samsung vs. Apple patent infringement case, as I also did the same case for my blog post. I think you were definitely thorough in your analysis and I was able to take a lot from this blog post even when I did my research on this case.