Apple V. Samsung: Procedural Fairness At The Fed. Circ.

Law360, New York (November 6, 2016, 3:32 PM EST) -- Derek F. Dahlgren

Spencer J. Johnson The recent Apple Inc. v. Samsung Electronics Co. Ltd. en banc decision by the Federal Circuit is yet another entry in the continuing legal saga between the two parties. The importance of this decision is overshadowed perhaps only by their design patent case, which has recently been heard by the U.S. Supreme Court. Beyond this decision’s important substantive issues relating to obviousness and evidentiary standards, this decision presents an unusual break from Federal Circuit en banc practice, which creates concerns regarding procedural fairness and the appropriate role of the courts.

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