Starting today, the top court in the United States will start hearing arguments from both Apple and Samsung over design patent allegations. This case has been going on for years and has seen appeal after appeal to get us to where we are this week. Interestingly enough, this is the first design patent case that the U.S. Supreme Court has had to get involved in in over 120 years (which involved carpets and rugs).
Back in May, the U.S. Court of Appeals for the Federal Circuit in Washington agreed with the 2012 verdict, but overturned the liability of Samsung for the trademark infringement. So at the end of the day, it’s all about how much Apple should be owed. Apple feels that Samsung should have to pay their total profits on an infringing “article of manufacture.” Samsung says that since design patents aren’t for the entire phone, they shouldn’t have to pay for all of it.
Samsung uses an example of a cup holder for a car. If a company infringed on the design patent of a cup holder, that company shouldn’t have to pay its entire profits on a car. Since it’s just a component of the car, they feel the damages should be pared back. Court papers already show that Apple agrees the an article of manufacture might only be a component of the product. But Apple is arguing that in this case, they have evidence to prove it is the entire phone that is is sold by Samsung.
Design patents can be tricky and Apple has been lobbying fashion names like Calvin Klein and Alexander Wang to get behind them on this case. The ruling by the U.S. Supreme Court is said to be due before the end of June and it will be a major precedence for both parties and future design patent disputes for years to come.
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