Design patent lessons from Apple v Samsung
Christopher Carani draws on Apple’s smartphone litigation with Samsung to try and distinguish what kind of designs are likely to be found to infringe
Despite Apple's impressive arsenal of utility patents, it was an
Apple design patent that was the basis for the nationwide preliminary
injunction on Samsung's Galaxy 10.1 tablet. Further, despite Herculean
efforts to scour the earth for prior art, Samsung's spirited attempt to
invalidate Apple's design patents at the summary judgment stage was
ultimately rebuffed. Even apart from the verdict, by taking the
heavyweight boxing match into the tenth round, the strength of Apple's
design patents surprised many – perhaps even Samsung.
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