Law360 Expert Analysis: "An Update on the Apple-Samsung Damages Saga" by Dilworth's Josh Wolson

08/28/2017

Brief Excerpt: "Last year, after years of litigation, the U.S. Supreme Court unanimously reversed a jury verdict that awarded Apple Inc. nearly $400 million in damages from Samsung Electronic Co. Ltd. The Supreme Court’s decision was clear: The term 'article of manufacture' in the statute governing design patent remedies 'can encompass both a product sold to a consumer as well as a component of that product.' For Apple and Samsung, the decision seems pretty clear: Samsung won; Apple lost. Apple, however, was determined to preserve its victory, even in the face of a unanimous loss in front of the Supreme Court. So, when the case came back to the Northern District of California, Apple argued that Samsung waived its right to argue that the article of manufacture at issue in Apple’s case against Samsung was anything other than the entire iPhone."

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