Since Apple was copying Samsungâs patents, they argued, Apple had to pay Samsung. Joe Mullin â Mar 21, 2016 4:10 pm UTC. Samsung Electronics Co., Ltd. v. Apple Inc. (on petition for a writ of certiorari) In its recently-filed cert petition, Samsung makes some particularly interesting arguments about design patent claim construction.Specifically, Samsung argues âthat district courts have a duty to construe [design ⦠Are design patents for "carpets and wall-papers and oil-cloths" or smartphones? Apple vs. Samsung: Design Patents and Trademarks for Appleâs iPhone. Six amici briefs have now been filed in support of Samsungâs petition for writ of certiorari in its design patent defense against Apple. Here, the jury was only determining damages. Design patents are given too much value when it comes to legal damages, Samsung has argued to the US Supreme Court in its patent dispute with Apple. On Dec, 6, 2016, according to PatentlyO: "In a unanimous opinion authored by Justice (Sonia) Sotomayor, the Supreme Court has reversed the Federal Circuit in this important design patent damages case. Samsung Electronics Co. v. Apple Inc., No 15-___ (on petition for writ of certiorari) (Samsung Petition). It didn't matter if Samsung was different in those areas. The federal patent laws have long permitted those who invent designs for manufactured articles to patent their designs. Another $5.3 million was awarded for two utility patents. Samsung v. Apple: Functional Design Patents and Profit Disgorgement. Key facts: In 2011, Apple sued Samsung for infringement of both its utility patents and design patents.Samsung was found guilty. In April 2011, Apple sued Samsung for infringement of design and utility patents, trademarks, and trade dressApple alleged that certain Samsung products copied Appleâs protected product designs and infringe their intellectual property.Namely, Apple thought that Samsungâs products mimicked Appleâs iPhoneâs black ⦠The two companies have been fighting over patent infringement since 2011 and took their case all the way to the Supreme Court. It's still going on. Samsung takes Apple patent battle to US Supreme Court The South Korean company hopes the court will provide some guidance on the scope of design patents and the damages allowed. Samsung ⦠Notes. In April 2011, Apple filed multiple lawsuits, spanning dozens of countries, against Samsung for patent infringement. This is one of the reasons Apple was awarded a jury verdict in the US case of Apple v. Samsung. Under U.S. patent law, the damages calculation for infringing a design patent is different from the damages calculation for infringing a utility patent. Although "Apple won most of the battles," Samsung found way to "design around" the patents Apple claimed it copied, said Michael Risch, a patent law professor at Villanova University. Patent protection is available for a ânew, original and ornamental design for an article of ⦠Long considered ⦠Policy â Supreme Court takes up Apple v.Samsung, first design patent case in a century Are design patents for "carpets and wall-papers and oil-cloths" or smartphones? Apple v. Samsung heads to Supreme ... a lower court will have to decide how much Apple is owed. January 19, 2016 Patent Damages Dennis Crouch. Sarah Burstein, Associate Professor of Law at the University of Oklahoma College of Law, volunteered this guest post regarding the Apple v.Samsung verdict. 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