On Demand

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


Created on October 23, 2018





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

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