Today, the Supreme Court granted certiorari in one case of interest to the business community:

Patent Act—Remedy for Infringement

Samsung Electronics Co. v. Apple Inc., No. 15-777

The Patent Act provides that a patent infringer "shall be liable to the owner to the extent of his total profit."  Id. § 289.  In a high-profile patent dispute, Apple sued Samsung for infringing several design patents related to the Apple iPhone.  A jury found that Samsung was liable for infringement.  Samsung was ordered to disgorge all of its profits from affected smartphones to Apple.  The Federal Circuit affirmed.  Today, the Supreme Court granted certiorari to decide whether Section 289 requires the disgorgement of profits for an infringer's entire product when the infringement covers only a component of that product.


Please visit us at appellate.net

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2016. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.