Tuesday, February 07, 2017

The CAFC remands Apple v. Samsung on 7 Feb. 2017

The outcome of Apple v. Samsung at the CAFC [2014-1335, 2015-1029 ]
was a remand to ND Cal.

Both parties filed statements urging us to take different
actions. While Apple requests continued panel review,
Samsung requests that we remand to the district court for
a new trial on damages. For the reasons explained below,
we adopt neither suggested course of action. Instead, we
remand this case to the district court for further proceedings,
which may or may not include a new damages trial.

Section 289 provides, in relevant part, that whoever
manufactures or sells “any article of manufacture to
which [a patented] design or colorable imitation has been
applied shall be liable to the owner to the extent of his
total profit.” 35 U.S.C. § 289. The Supreme Court clarified
that a damages award under § 289 involves two
steps: (1) “identify the ‘article of manufacture’ to which
the infringed design has been applied;” and (2) “calculate
the infringer’s total profit made on that article of manufacture.”
Samsung, 137 S. Ct. at 434. The Court then
explained that the only question before it was narrow:
“whether, in the case of a multicomponent product, the
relevant ‘article of manufacture’ must always be the end
product sold to the consumer or whether it can also be a
component of that product.” Id.2

The CAFC observed

the parties dispute what jury instructions
the current trial record supports. Because the district
court is better positioned to parse the record to evaluate
the parties’ competing arguments, we remand for the
district court to consider these issues in the first instance.


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