Samsung Electronics Co., Ltd. v. Apple, Inc., U.S., No. 15-777, amicus brief filed 8/4/2016
The plain language and legislative history of 35 U.S.C. 289 demonstrates that Congress has provided design patent owners with an infringement remedy of the infringer's profits that is based on the total, unapportioned revenue from sales of the entire article of manufacture, AIPLA argued August 4, 2016, in a Supreme Court amicus brief.
Congress over the years has made different decisions on recovering an infringer’s profits with respect to utility patents (repealed in 1946), trademarks (granted in 1946, placing the apportionment burden on the infringer), and copyrights (granted in 1976, placing the apportionment burden on the infringer), the brief noted. However, Congress has not moved away from its grant to design patent owners of the right to recover an infringer’s total, unapportioned profits, according to the brief.
Congress over the years has made different decisions on recovering an infringer’s profits with respect to utility patents (repealed in 1946), trademarks (granted in 1946, placing the apportionment burden on the infringer), and copyrights (granted in 1976, placing the apportionment burden on the infringer), the brief noted. However, Congress has not moved away from its grant to design patent owners of the right to recover an infringer’s total, unapportioned profits, according to the brief.
Upcoming Events
-
2025 Patent Prosecution Boot Camp - Arlington, VA
March 5 to 7, 2025 | Up to 1235 minutes, including 60 Ethics minutes
Register today and don't miss out! The 2025 Patent Prosecution Boot Camp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on U.S. and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions. -
2025 Trade Secret Summit
March 27 to 28, 2025
Registration is now open! The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities. CLE credits will be available. REGISTRATION IS NOW OPEN! -
2025 Women in IP Law Global Networking Event
April 3, 2025
The annual Global Networking Event connects intellectual property practitioners from around the world for a day of networking, education, and creating meaningful connections. This year’s theme, Innovation and Collaboration, is an opportunity for the AIPLA Women in IP Law Committee to come together and discuss how women drive innovation and foster collaboration in their workplace. -
2025 AIPLA Spring Meeting
May 13 to 15, 2025
Save the Date! The 2025 Spring Meeting is a 2.5 day conference focused on trending topics in IP law. Registration opens February 2025.