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“Drafting skills”

Intellectual Property Magazine Nicholas P. Schmidbauer, Justin D. DeAngelis, Justin E. Doop

Below is an excerpt:

As the final chapter in the long-running design patent infringement smartphone saga, a jury in the Northern District of California awarded Apple, Inc. $533,316,606 USD for the infringement of three Apple design patents—U.S. D593,087, U.S. D604,305, and U.S. D618,677—by Samsung Electronics Co. Ltd.), and $5.3 million USD for the infringement of two Apple utility patents. This verdict was the most recent decision in a patent infringement case that lasted the better part of a decade and made its way to, and was remanded from, the U.S. Supreme Court. In the Supreme Court’s opinion, which was handed down on December 6, 2016, the Court held 8-0 to reverse an award of $399 million USD to Apple for the infringement of Apple’s three design patents and returned the case to the Court of Appeals for the Federal Circuit (CAFC) to newly assess Samsung’s damages through a less rigid test to identify the applicable “article of manufacture.” The CAFC then remanded the case back to its originating district court in the Northern District of California in order to conduct a new damages trial. In its per curiam decision, the CAFC opened the door for the District Court to set forth a test to identify the relevant “article of manufacture” to which the claimed Apple designs were applied.


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Originally published in Intellectual Property Magazine, August 24, 2018