Supreme Court Juggles Design Patent Infringement Damages Tests in ‘Samsung v. Apple’
Public Knowledge Patent Reform Project Director Charles Duan believes justices are coalescing around a two-part damages test in which a court would initially determine which parts of a product are directly affected by a design patent and then determine how much of a product’s profits stem from those parts. Justices appeared to be looking toward a test that could be widely applied in design patent damages calculations rather than something narrowly tailored to the Apple-Samsung dispute, Duan said. PK sided with Samsung in a joint brief with the Electronic Frontier Foundation, American Antitrust Institute, R Street Institute and IP Justice.
