On May 15, 2015, the United States Court of Appeals for the Federal Circuit (The Federal Circuit) handed down its decision in Apple, Inc. v. Samsung Elecs. Co. The court held that Samsung’s mobile phones had infringed two of Apple’s design patents for the iPhone series of products, D593,087, which claims some ornamental design regarding the iPhone bezel, and D604,305, which claims the ornamental design of the GUI (graphical user interface). The Federal Circuit invoked 35 U.S.C. § 289, which states: “Whoever during the term of a patent for a design, without license of the owner, (1) applies the patented design, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or (2) sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit….”
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 16, 2016. The original post can be accessed via the Archived Link button above.
Coughlin, Timothy, "Supreme Court Agrees to Review Design Patent Infringement Damages" (2016). AELJ Blog. 101.