Apple v. Samsung: A New Standard for Design Patent Cases

Streams live on: Tuesday, October 23, 2018 at 12:00pm EDT

Course Format Webcast

Taught by


Course Description

Estimated Duration 60 Minutes
Difficulty Advanced

Design patents cover new, original, and ornamental designs of manufactured articles. While the term of a design patent is short (now, 15 years from the issue date), possessing a design patent can be a competitive advantage, especially if the design is the foundation of an entirely new product line. This was the situation over nine years ago when the first of Apple’s design patents for the ornamental features of the iPhone, iPad, and iPod was issued. On April 13, 2011, Apple sued Samsung for infringing its intellectual property, including three design patents.

What followed was a long battle that ended with a settlement on June 27, 2018. Along the way, a new standard for design patent damages in the case of multicomponent articles of manufacture was adopted by the Supreme Court. Join attorney Amy B. Goldsmith as she delves into the design patent aspects of the Apple v. Samsung litigation.

Learning Objectives:

  1. Break down design patents and review the ones at the heart of the Apple v. Samsung dispute
  2. Follow the litigation from the District Court to the Federal Circuit, up to the Supreme Court, back to the Federal Circuit - and finally to the District Court again
  3. Identify the new standard for design patent damages
  4. Evaluate Judge Lucy Koh’s 2017 decision ordering a new design patent damages trial
  5. Review the jury instructions for the 2018 trial
  6. Address the impact of the Apple v. Samsung dispute on future design patent infringement cases


Amy Goldsmith

Tarter Krinsky & Drogin LLP

Amy Goldsmith

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. Amy B. Goldsmith, a Partner at Tarter Krinsky & Drogin LLP, provides practical legal advice and connections to grow clients’ businesses with an emphasis on intellectual property.  She will advise you whether your trademark is available in the US and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. If a dispute is on the horizon, she will be by your side until a fair resolution is reached.

Ms. Goldsmith protects the global interests of national and international clients in a variety of industries, including pet products, fashion, financial services, marketing automation, publishing, medical devices, and consumer and designer goods.

She is a director of the New York Women's Bar Association. She is also a member of the New York City and American Bar associations, a Superlawyer and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy.

She is a frequent lecturer on intellectual property topics for Lawline, and she is the author of several articles pertaining to intellectual property for Tableware Today magazine.

Ms. Goldsmith received her B.S. from Cornell University in 1982 and her J.D. from Benjamin N. Cardozo School of Law in 1985.

Before joining Tarter Krinsky & Drogin, Ms. Goldsmith was a Partner at Gottlieb, Rackman & Reisman, P.C.


$ 59 Intellectual Property Law and Patent Law In Stock


Course is pending approval in the following states: Virginia (CLE). Click here to learn more .

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