Sign In

Communications of the ACM

Legally speaking

Supreme Court on Design Patent Damages in Samsung v. Apple

Supreme Court on Design Patent Damages in Samsung v. Apple, illustration

Credit: Andrij Borys Associates / Shutterstock

Should Samsung have to pay Apple $399 million—its total profits on sales of certain smartphones—for infringement of three Apple design patents when the value of the Samsung phones may be attributable to many other desirable features and not just to the designs infringed? An anomalous rule in U.S. design patent law seems to suggest the answer is yes, when it should be no.

The U.S. Supreme Court heard oral arguments to determine the answer to this question last October: the Court decided the case in early December 2016, when it threw out the nearly $400 million in damages Samsung had been ordered to pay Apple by a ruling of the Court of Appeals for the Federal Circuit (CAFC) affirming an award of all of Samsung's profits from selling the infringing phones. The exact amount of damages, to be determined by the U.S. Court of Appeals for the Federal Circuit or a trial court on remand, will likely be much less than the hundreds of millions of dollars Samsung might have paid.


No entries found

Log in to Read the Full Article

Sign In

Sign in using your ACM Web Account username and password to access premium content if you are an ACM member, Communications subscriber or Digital Library subscriber.

Need Access?

Please select one of the options below for access to premium content and features.

Create a Web Account

If you are already an ACM member, Communications subscriber, or Digital Library subscriber, please set up a web account to access premium content on this site.

Join the ACM

Become a member to take full advantage of ACM's outstanding computing information resources, networking opportunities, and other benefits.

Subscribe to Communications of the ACM Magazine

Get full access to 50+ years of CACM content and receive the print version of the magazine monthly.

Purchase the Article

Non-members can purchase this article or a copy of the magazine in which it appears.