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Apple and Samsung Continue Smartphone Battle, Now Over Calculation of Design Patent Infringement Award

Following Apple’s smartphone design patent victory over Samsung in 2012, the parties continue their battle before a California district court over the calculation of damages relating to the finding of design patent infringement.  Damages in design patent cases are based on profits made on the “article of manufacture,” which the US Supreme Court earlier found is “broad enough to embrace both a product sold to a consumer and a component of that product, whether sold separately or not”.  Apple asserts that profits should be attributable to the sales of phones as a whole since they incorporate the infringing components, while Samsung assert that profits should be attributable to a lesser amount directly related to the value of the infringing components. See link to article.

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