apple inc v samsung electronics company

But what if you — you were saying it’s an open — it would be a difficult question. In fact, they think it’s easy on their side. In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while Apple … I think the — the difficulty here is that it’s important to understand that design is not a component and the patented design is not the article of manufacture. The difference is we concede under article of manufacture that the holder of the patent gets profit from the article, even if the profit does not come entirely from the design. One of the widespread lawsuits was between Apple Inc. and Samsung Electronics Company limited. 1 Tech Company With More Patent Prowess Than Apple Inc. or Samsung Electronics This company was awarded the most U.S. patents for the 22nd consecutive year -- … I think that’s the statute — the way the statute reads. 5:11-cv-01846-LHK . This isn’t one of Apple’s 13 other patents on other parts of the phone, or Apple’s other patent on the design of the entire case. How is the Beetle put together? And in the 50B at the close of the first trial, we again said article is less than the phone. Do you agree with those? I mean, the car has to run, and it has to do all the other things that cars do, but the principal reason why the car has been successful has to do with this particular appearance, the design. Security, Unique But that’s apportionment, which runs headlong into the statute. And the jury has to decide in the case of the VW Beetle that you have either a cup-holder or a patented hubcap, or the iconic shape of the car, I think that a jury could very well conclude that because someone who sees the iconic shape of a VW Beetle and buys it thinks that they are buying the Beetle, that is, after all the reason why the infringer copied it. That is very much our position. Who has the burden of showing what is the relevant article? And we think that’s a mistake, and we understand all parties to agree with that now. Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America, LLC (collectively, "Samsung") appeal from a final judgment of the U.S. District Court for the Northern District of California in favor of Apple Inc. ("Apple"). Juries should be instructed that the article of manufacture either is the Beetle exterior or there might be, Justice Breyer, still today, there might be cases of unitary articles, just like the Dobson rugs. And subsidiary questions subsumed in what the damages are are also always the plaintiff’s burden, as the entire market value rule in the Federal Circuit shows. In a case in which the jury heard evidence as to competing articles of manufacture, as to what total profits should be applied to, the jury would be told, if you find infringement, total profits are awarded on the article of manufacture to which the patented design was applied for the purpose of sale and to which it gives peculiar or distinctive appearance. Another one is discussed at some length in this Court’s decision in the Sheldon case under the Copyright Act. Apple Inc. appeals an order from of the U.S. District Court for the Northern District of California denying Apple’s request for a permanent injunctionagainst Sa m-sung Electronics Company, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications Ameri-ca, LLC (collectively, “Samsung”). We’re fine with page 23 of the tech company’s brief, and that points to why you must remand in this case. The patented design is something that’s applied to an article of manufacture. Now, I look at this record, and they were claiming the profits on the whole phone. As I understood the government, that does not come into the first inquiry. We’ll hear argument first this morning in Case No. stream Your Honor, let’s go back to the proper instruction. Consumers may value the front face because it’s scratch-resistant, because it’s water-resistant, because it’s shatterproof. Oct 9, 2013 Oct 9, 2013 If the jury credited them, could you — and you were properly — it was a properly instructed jury, could you overturn that finding? Samsung appealed. In this case, I think someone familiar with the industry, someone who had worked in the industry, either at — a manufacture of a smartphone company, or someone who is familiar with the market for smartphones and who could speak to on the first question how smartphones are put together, how they are manufactured, how they’re used by the users, the extent to which the components of a smartphone are separable. To be clear, we say that what the Federal Circuit held was wrong as a matter of law. It has to be applied to the outside of an article. It has not been briefed by anybody. I would want to hear as — as to the article, what’s the article —. Suppose the Volkswagen Beetle design was done in three days, and it was a stroke of genius and it identified the car. We’re getting a little more with article of manufacture than we do with a pure causation test, and plaintiffs should be happy for that. There’s no requirement of consumer confusion here on the —. You should look at the patent, and, Justice Kennedy, with respect — you shouldn’t just look at the — at the phones in the jury room. It says you get profits from the article of manufacture. We respectfully ask that the Court hold that when a design patent claims a design that is applied to a component of a phone or a component of a product, or, to use the language of Section 289, when a design patent is applied to an article of manufacture within a multi-article product, we request that you hold that Section 289 entitles the patent-holder to total profit on the article of manufacture to which the design patent is applied, and not the profits on the total product. Yes, Justice Kagan. What Apple should have done is done either of the two things we discussed earlier, accounting evidence about revenues minus cost of goods sold on the components, or it should have done consumer survey evidence like our expert did. The first is utility patent damages under the Patent Act, before 1946, permitted an award of the infringer’s profits. And you’re answering “no” to my question. We tried over and over and over again to get the article of manufacture’s theory embraced, and we were rejected. Now, why can’t we just ask the lower courts to listen to your arguments and theirs, and work it out? They want the car that has a certain trunk. Sometimes that will be very easy if you do it from two main factors. Mr. Chief Justice, and may it please the Court: Justice Kennedy, Congress did not say that all apportionment is forbidden. Another factor in the government’s test is the physical relationship between the patented design and the rest of the product. x�]ݲ$������pl=L��.�Î��������0��˾�~R��R]U��^�}JR*�3�R���T�P�î;��ݾN��tj��pH_~�����������O�.�����m���_�ö;v�c}���o�7������F������wwM��w�՛�I}���û�J\wܶ�v#�@[����u��p �z�m���T7�v�Wk)s8��)�1��&Ro�%eM��nwZ���փ�u�Ԫ%�5�v{h�}�����s]�Z[E�}Yo�=���]��� � ��>�_���ǩ��'�W�������a�v�*��Y�i��v8u7���T%el��Fp��O� ���W�&�1p|R���B�}T���xt��+^N,���i�;,�2�k�x ᔈ���vw���,|����7�z�AZDy�U�,ƽO��b'� S� +�a����{�)�����T>nl�����V�k�n����a{l�u&(p�8 �;��}��_$�k�Pm��p_��7A˂���mӟ�-Wc��Ȼ��Vp ��&c:r�b�/$�y� And, Justice Kennedy, you asked if this will lead to a lot of inconsistency among juries. So when you say what it’s applied to, you’re not talking about it in terms of the physical world, so what is — what are you talking about? I would be very happy to do that. If you read the Federal Circuit’s decision, they were saying people buy — bought this product mostly — this was their argument to the jury and it sold the Federal Circuit — because of the look of this phone, that, you know, all smartphones basically function the same. And thus there is no — no reasonable juror in these trials could possibly have awarded total profits on anything other than the phones, unless this Court holds —. And there were various expert testimonies that gave varying percentages, and the Court ended up saying that the court below had awarded 20 percent of the total profits from the movie, and this Court affirmed that award and said that’s a reasonable approximation. Well, I — then I think if you’re skeptical about that, I think our test for article of manufacture also lets some of those considerations play into that test, because it gets to whether there are other conceptually distinct invasions, or other components of the product unrelated to the design. I don’t understand how that helps on this question. I mean, I don’t see how that’s going to tell you whether the shape of the body is distinctive or not. 5. Well, Your Honor, here’s what we would do with the Beetle. You don’t get all the profit from the car. So you must remand and tell the nation’s economy that no one can claim a partial design patent on a portion of a front face of an electronic device and come in and get the entire profits on the phone. Apple Inc. v. Samsung Electronics Co. Ltd. et al, No. {-V�B����{)0�H��ӞW��M�Eԍ>��^�p#;L�C���\��y�b���5A�Gʡ�D� You assign them that task in Markman, and we perform it daily. Is the approach — is the approach that you’re discussing fairly described as “apportionment,” or is that a bad word? Mr. Waxman, we’re spending an awful lot of time on an issue about what was raised below, what wasn’t raised below, what was raised below, what wasn’t raised. One, design patents cover ornamental appearance. Apple Inc. v. Samsung Electronics Co., Ltd. was the first of a progression of continuous claims between Apple Inc. what 's more, Samsung Electron ics in regards to the outline of advanced cells and tablet PCs; between them, the organizations made more than 50% of PDAs sold worldwide starting July 2012. I understood Justice Ginsburg to be asking once the fact-finder decides that the relevant article is, say, the windshield on the boat or the cup-holder on the car, how do they separate out the part of the profits that are attributable to that component from the whole. And then you say this component is 10 percent of the cost and 20 percent of the revenue, and we — we do a bottom-up calculation and try to do it that way. Section 289 does not require that result, and as this case comes to the Court on the briefing, Apple and the government now agree that Section 289 does not require that result. Another factor is whether the design is conceptually different from the product as a whole, as, for example, a design on a book binding is different from the intellectual property reflected in the copyright material in the book. The court reasoned that such a limit was not required because the … What would they say? 15-777, Samsung Electronics v. Apple, Incorporated. Oct. 11, 2012), the Federal Circuit held that the district court abused its discretion by entering a preliminary injunction and that it erroneously construed the terms of an asserted claim. You cannot talk to me about article of manufacture. For example, most importantly the identity of what it is that is typically consumed by purchasers. "On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronics (UK) Limited's Galaxy Tablet computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple's registered design 000181607-0001. What if it, you know, costs, I think, $1800 when it was first sold in the United States? Publisher. The burden is on the plaintiff to show damages. Apple Inc. appeals from an order of the U.S. District Court for the Northern District of California denying Apple's request for a permanent injunction against Samsung Electronics Company, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”). Justice Breyer, if this were difficult, it would be entirely appropriate for this Court simply to announce what the law is, which I think there is a great need for this Court to do. FOR ONLY $13.90/PAGE, Aronson v. Quick Point Pencil Company – Oral Argument – December 06, 1978, Reno v. ACLU – Oral Argument – March 19, 1997, Planned Parenthood of Southeastern Pennsylvania v. Casey, Tinker v. Des Moines Independent Community School District, GET YOUR CUSTOM ESSAY The district court can look at the patent and say, oh, this is Apple’s front face patent. There would have been — no reasonable jury could have found on this record that the entire product was the article of manufacture to which the design has been applied. The district court ordered a partial retrial on the issue of damages … Because the phone could be seen by a public — a purchasing consumer as being just that rounded edge, slim outer shell. And I’ll be happy to explain further on rebuttal. Do you agree with that? See Apple Inc. v. Samsung Elecs. 7,675,941, 7,447,516, 7,698,711, 7,577,460, and 7,456,893. Because I said no apportionment, she shut us out of both theories. And you know that brief I’m talking about on Facebook and some others. You do have to engage in a kind of an apportionment that looks to how much did it cost to make the cup-holder and what is the — you know, what is the profit margin for the car or the refrigerator or something like that. Let’s take a case — and I think that the VW example is a good example for this reason — where the thing that makes the product distinctive does not cost all that much. We propose that you look to two factors: The design in the patent and the accused product. So you’d have expert testimony on all of that. And in those cases, very often a patent would apply to part of a larger product sold in commerce, and the fact-finder would say you’re entitled to the profits that are attributable to the infringing part, but not the whole machine. I think that a — in a case in which —. But the reason we think it’s consistent with Congress’s purpose, Your Honor, is that what Congress was trying to do was provide a rule that gives design-patent holders total profit from the article of manufacture. And so what, besides the jury instruction — because I’m assuming that a proper instruction was given — what would have been the legal error? It would seem to me the higher the cost, the less it contributed to profits. What they did is they went back into history. So we say the article of manufacture is the spoon. The same way that — I mean, if you look at, for example, in the early days, when the patent — when the design — when design patents were first permitted by statute in 1842, the first hundred — of the first hundred patents that were issued, 55 of them were for stoves and furnaces and steam engines and things like that. This is a case very much like global tech, when you found that the lower court had applied the wrong standard for intentional infringement, and then found that the record — even — but under the correct higher standard, the record admitted no other conclusion. And so we say you should compare the scope of the patented design as shown in the drawings in the patent, how prominently that design features in the accused article, whether there are other conceptually distinct innovations or components in the article that are not part of or associated with the patented design, and finally the physical relationship between the patented design and the rest of the article. After the verdict, Samsung moved for judgment as a matter of law. So, Justice Kennedy, our test is very simple. APPLE INC., a California corporation, Plaintiff and Counterdefendant, v. 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