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IPWatchdog

September 29, 2015

Derek F. Dahlgren

Apple v. Samsung is not over. Samsung has stated it is going to file a petition for certiorari later this year with the Supreme Court. In its petition, Samsung is likely to challenge, among other things, the Federal Circuit’s analysis of the district court’s claim construction and what these design patents truly cover. Samsung likely will also challenge the award of hundreds of millions of dollars (the total profits Samsung received on the phones found to be infringing). If the Supreme Court takes the case the Court will be presented with novel and important legal questions that may affect the damages award, both the underlying finding of liability and the proper measure of damages. Additionally, the foundation of Apple’s damages award is crumbling at the Patent Office, with one of the key design patents being rejected on multiple grounds.

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