Justices May Weaken Design Patents In Apple-Samsung Case

Law360, New York (March 21, 2016, 8:55 PM EDT) -- The U.S. Supreme Court's decision Monday to review the damages test for design patent cases further prolongs the bitter, $400 million smartphone war between Apple and Samsung and has the potential to significantly diminish the power of design patents, attorneys say.

The justices agreed to hear an appeal by Samsung Electronics Co. Ltd. challenging a ruling that it must pay Apple Inc. Samsung's entire profits from smartphones found to infringe Apple's design patents covering the look of the iPhone.

Samsung argues that the statute covering design patents, which states that anyone who infringes them "shall be liable to the owner to...

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