Showing posts from March, 2016

Samsung v. Apple: The Cert. Petition Is GRANTED But Limited To Question 2 (damages)

Apple’s success story is well-known: “Before 2007, mobile phones were bulky, inelegantly designed boxes with multiple buttons and protruding antennas”. The context hasn’t changed either: Samsung, faced with a crisis of design, “made a deliberate decision to copy the iPhone’s innovative look and many of its other features, and its mobile devices became iPhone clones”. And now we know the result: the petition for writ of certiorari (request for U.S. Supreme Court review) is granted, at least, to question 2 (see below).
The tone in Apple’s brief opposition petition for writ of certiorari ("cert. petition"; a brief asking the U.S. Supreme Court (SCOTUS) to hear a case) seemed strong, but wasn’t good enough to convince the SCOTUS not to review the Federal Circuit's decision (786 F.3d 983). After a 120-year hiatus, the highest judicial body in the United States will, again, examine the valuation of design patents. Apple did however “win” regarding the scope of the design patent…