by Dennis Crouch Samsung Electronics Co. v. Apple Inc., No 15-___ (on petition for writ of certiorari) (Samsung Petition) Samsung has now filed its petition for writ of certiorari challenging the $400 million that it has paid for infringing Apple’s design patents that cover the iconic curved corner iPhone and its basic display screen.[1] Samsung writes, “[The Supreme Court] has not reviewed a design-patent case in more than 120 years.”[2] Here, Samsung raises two questions that go to the core of the power of design patent rights. In its petition, Samsung frames the issues as follows. Design patents are limited to “any new, original and ornamental design for an article of manufacture.” 35 U.S.C. 171. A design-patent holder may elect infringer’s profits as a remedy under 35 U.S.C. 289, which provides that one who “applies the patented design … to any article of manufacture … shall be liable to the…
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