Wednesday, April 6, 2016

U.S. Supreme Court Schedules Briefing in Samsung v. Apple Design Patent Damages Case

As noted here last month, the U.S. Supreme Court has granted cert to consider the following question in Samsung Electronics Co. v. Apple, Inc.:
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?
As reported on Scotus Blog, by order entered yesterday Samsung has until June 1, 2016 to file its brief and joint appendix, and Apple until July 29 to file its response.  Under Supreme Court Rule 25.3, Samsung would then have 30 days--until August 29, under Supreme Court Rule 30, if I'm adding this up correctly--to file its reply brief.  Looks like it will be a busy summer for the litigants and amici. 

Oral argument has not yet been scheduled, but I imagine it will be held sometime in October or November after the Court returns from its summer recess.  For now, at least, it seems likely that the Court will still consist of only eight, not the full complement of nine, justices.   

1 comment:

  1. Thanks for great share all about Samsung cases and i appreciate your posts.