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On Dec. 6, 2016, the U.S. Supreme Court threw out a damages award of $399 million that Apple won against Samsung in an ongoing design patent dispute. Justice Sotomayor authored the opinion for the unanimous Court, holding that damages for design patent infringement may be based on an “article of manufacture” that is a component part of a commercial product and need not be tied to the entire commercial product as it is sold to the consumer. Samsung Electronics Co. Ltd. et al. v. Apple Inc., No. 15-777 (Dec. 6, 2016). The ruling promises to carry the Apple v. Samsung saga forward, because significant aspects of the damages calculation are left to the Federal Circuit and further briefing by the parties, including the crucial “test for identifying the relevant article of manufacture” on which damages for a design patent are based. Slip op. at 8.
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A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
By Robert Angle and Brittanee Petrik
In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties’ confidential business information (CBI).
Patent Litigation Growth In 2020 Points to Sustained Activity In 2021
By Rob Maier
Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.
New COVID Relief Bill Brings Changes to Trademark and Copyright Practice
By Eugene Y. Mar, Nate A. Garhart and Ashleigh Nickerson
The new, more than 5,000-page spending bill, which includes the latest COVID-19 relief, had a few surprises under its cover. Two of those surprises focus directly on intellectual property and amount to sea changes in the trademark and copyright infringement realms.
Copyright and Internet Content
By Jonathan Bick
Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.
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