Entering upon New Phase

United States District Court for the Northern District of California postponed the decision when it comes to Samsung’s request for another trial for the calculation of damages related to alleged design patent infringement.
United States District Court for the Northern District of California postponed the decision when it comes to Samsung’s request for another trial for the calculation of damages related to alleged design patent infringement.

 

US-based FOSS Patents reported that the United States District Court for the Northern District of California acknowledged Samsung Electronics’ claims with regard to the article of manufacture on July 28 (local time) by issuing an order to that effect. At the same time, Judge Lucy Koh postponed her decision when it comes to Samsung’s request for another trial for the calculation of damages related to alleged design patent infringement.

Earlier in October last year, the Supreme Court of the United States ruled in favor of Samsung Electronics in the five-year-long trial that followed the verdict of the first trial in August 2012. At that time, the court ruled that an article of manufacture according to the Patent Law does not have to be a finished product. The main issue of the Supreme Court trial was whether partial design patent infringement has to lead to a compensation equivalent to the entire profit. If Samsung’s claims are accepted, most of the damages amounting to US$399 million can be eliminated.

The Supreme Court made no decision on the scope of the article of manufacture, letting the inferior court make its own determination. The case returned to the District Court for the Northern District of California, the court of the first instance. Apple and Samsung Electronics are currently debating the issue at the court.

 

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