FREE WEBINAR: Samsung v. Apple: Is a single patent infringement worth all the profit?

By Gene Quinn
October 16, 2016

Free webinar icon. internet button on white background.Last week the United States Supreme Court heard oral arguments in the never-ending patent battle between Samsung Electronics and Apple. In this iteration of fighting between these two giant tech companies Apple, the United States Court of Appeals for the Federal Circuit upheld a $400 million design patent infringement award. Samsung appealed to the Supreme Court.

The question before the Supreme Court relates to 35 U.S.C. 289 and whether it is appropriate to apportion damages under that statute. The statute is quite clear on the subject, and if the Supreme Court limits itself to the explicit wording of the statute apportionment would be inappropriate and Apple will hold on to the $400 million design patent infringement award. During oral arguments, however, many of the Justices seemed skeptical. Justice Kennedy even hinted at the possibility of a de minimus exception, which leaves many wonder whether the Supreme Court will judicially re-write the statute or use some other contrived judicial exception to significantly reduce Apple’s damage award.

Design patents have become increasingly important over the last decade as the standard for proving design patent infringement has veered toward the substantial observer test familiar in copyright litigation. This has lead many large corporations, such as automakers and shoe companies, like Nike, to generously file on new designs. Should the Supreme Court rule against Apple the decision would have far reaching implications well outside of this mammoth battle of smartphone giants.

Against this backdrop, on Thursday, October 20, 2016, from 2pm to 3pm ET, Gene Quinn will host a free webinar discussion that will explore the genesis of the patent battle between Apple and Samsung, focusing on the design patent infringement fight currently at the United States Supreme Court. In addition to taking as many questions from the audience as possible, we will:

  1. Ask the question “how did we get here” and provide a business/tech perspective on the battle.
  2. Provide a quick primer on design patents and the test for determining if there is infringement.
  3. Discuss the positions taken by Apple, Samsung and the Solicitor General at the Supreme Court.
  4. Make predictions regarding what the Supreme Court will ultimately decide.

Joining Gene for this discussion will be Bryan Chaffin, co-founder and Editor of The Mac Observer. CLICK HERE to REGISTER.

The Author

Gene Quinn

Gene Quinn is a Patent Attorney and Editor and founder of IPWatchdog.com. Gene is also a principal lecturer in the PLI Patent Bar Review Course and an attorney with Widerman Malek. Gene’s specialty is in the area of strategic patent consulting, patent application drafting and patent prosecution. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations. is admitted to practice law in New Hampshire, is a Registered Patent Attorney and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. CLICK HERE to send Gene a message.

Warning & Disclaimer: The pages, articles and comments on IPWatchdog.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinion and views of the author and should not be attributed to the author’s employer, clients or the sponsors of IPWatchdog.com. Read more.

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