Samsung V. Apple And The Trend Toward Incremental Value

By Marianne Ley Hayek, Nathan Associates Inc. (January 3, 2017, 1:22 PM EST) -- The U.S. Supreme Court weighed in on the Apple-Samsung phone wars last month, providing what could be a win for Samsung Electronics Co. Ltd. and guidance for determining damages from design-patent infringement.[1] In an 8-0 decision, the high court reversed the lower courts' nearly $400 million judgment against Samsung for infringing three of Apple Inc.'s design patents relating to the iPhone. Writing for the court, Justice Sonia Sotomayor explained that the lower courts erred in assuming that, because the internal (i.e., noninfringing) components of Samsung's smartphone were not sold independently, damages must be based on the infringer's profits from the sale of the entire phone. The high court disagreed and remanded the issue of damages back to lower courts for consideration....

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