Thursday, January 21, 2016

Samsung v. Apple Cert Petition: Amicus Briefs

I mentioned last month (here) that Samsung had filed a petition for certiorari with the U.S. Supreme Court arising from the case that involved Apple design patents relating to the iPhone.  The petition asks the Court to consider:
"1. Where a design patent includes unprotected non-ornamental features, should a district court be required to limit that patent to its protected ornamental scope?
"2. Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component?"
The Court has requested a response from Apple, which according to Scotus Blog is now due on February 16.  Meanwhile, six amicus briefs have been filed in support of the petition.  Dennis Crouch has a write-up on and links to the briefs on Patently-O.  Shara Tibken also has an article on CNET, here.  I imagine there could be amicus briefs filed in opposition to the petition sometime next month.

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