U.S. Supreme Court to Decide Design Patent Damages Question in Apple v. Samsung

Order here, granting cert limited to question 2 only.  The questions presented in the petition were:

1. Where a design patent includes unprotected non-ornamental features, should a district court be required to limit that patent to its protected ornamental scope?

2. Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component?

Still pending is the cert petition in Systems, Inc. v. Nordock, Inc., in which the questions presented are:

1.  Where a patented design is applied to only a component of a product, should an award of infringer's profits be limited to those profits attributable to the component?

2.  Is the Federal Circuit's interpretation and application of 35 U.S.C. § 289 inconsistent with this Court's prior precedent?

For previous discussion on this blog, see here, here, here, here, here, and here.