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apple inc v samsung electronics company

But what if you — you were saying it’s an open — it would be a difficult question. And only profit attributable to that component may be awarded. First, determine what is the article of manufacture. It also directed the jury to apportion, and the judge didn’t approve it. So you’d have expert testimony on all of that. Are there others you would add? And when they look at a patent for a claim construction, we’re asking for part of the test to be very similar. Filing 1829 JOINT SUBMISSION OF ADMITTED TRIAL EXHIBITS by Apple Inc., Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC.. (Attachments: # 1 Exhibit A)(Maroulis, Victoria) (Filed on 8/19/2012) Modified text on 8/20/2012 (dhm, COURT STAFF). My preference, if — if I were just making another sensible rule, is we’d have market studies to see how the — the extent to which the design affected the consumer, and then the jury would have something to do that. I think that a — in a case in which —. And I think Justice Kagan put it exactly right in saying that a lot of the expert determinations about how much did the Beetle exterior drive demand will come into play, as the government said and we agree, only at the second question: What is the quantum of profits from the right article of manufacture? 1 Tech Company With More Patent Prowess Than Apple Inc. or Samsung Electronics This company was awarded the most U.S. patents for the 22nd consecutive year -- … We’re going to give the patent-holder under our article-of-manufacture test all the profits for the front face, even if it includes profit from those non-design features of the front face, where the pure apportionment test or pure causation test would limit the profits to the profits from the design parts rather than the functional parts. Both parties, not the government, both parties kind of leave it up and say, oh, give it to the juror. In this sense, Justice Kennedy, the vernacular sense of “apportionment,” once you — if you — if the jury answers the question at step 1 and says no, no, no, the article of manufacture is the refrigerator latch or the cup-holder, how do we determine total profits from the sale of that thing? The difference is we concede under article of manufacture that the holder of the patent gets profit from the article, even if the profit does not come entirely from the design. Samsung Electronics acquired SmartThings in 2014 and made it a part of the Samsung Open Innovation Center (OIC), an initiative responsible for bringing software and services innovation to the company. The patents on the handle, but nobody really cares about the sipping cup of the spoon. And if you don’t tell the jury that there is that distinction, I think you either disregard what Congress meant in its statute or you create the kind of absurd results that your brief is full of. Mr. Waxman, can we go back to the government’s test, because if — so far your test has a lot of steps, but I don’t know what it’s going towards. And second, what is the product to which it has been applied? Certainly your expert didn’t tell me how to figure out the component part. The real difficulty is in calculating a hundred percent of the profits from that article of manufacture. In the case of the cup-holder, there really isn’t much dispute. It is fair to say there is no love lost between Apple, Inc. (NASDAQ: AAPL) and Samsung Electronics Co. Ltd. (NASDAQ: SSNLF).They are … 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this And, in fact, we asked Mr. Chief Justice for the instruction, you allude to it, blue brief 21, we actually asked the jury to be told that where the article of manufacture is a case or external housing, that’s the article of manufacture. Juries should be instructed that the article of manufacture either is the Beetle exterior or there might be, Justice Breyer, still today, there might be cases of unitary articles, just like the Dobson rugs. So I think it will depend on — on the circumstances of the case. Apple sued Samsung in 2011, alleging, as relevant here, that various Samsung smartphones infringed Apple’s D593,087, D618,677, and D604,305 design patents. In neither trial did Samsung, either in argument, statement, or witness testimony, ever identify for the jury any article of manufacture other than the phones themselves. As I understood the government, that does not come into the first inquiry. The jury evaluated the case and found that Samsung had truly violated Apple… They want to pay for the cool way it looks. You may determine that the article of manufacture is the entire product or a distinct component of that product. As has been discussed, it has two parts. x�]ݲ$������pl=L��.�Î��������0��˾�~R��R]U��^�}JR*�3�R���T�P�î;��ݾN��tj��pH_~�����������O�.�����m���_�ö;v�c}���o�7������F������wwM��w�՛�I}���û�J\wܶ�v#�@[����u��p �z�m���T7�v�Wk)s8��)�1��&Ro�%eM��nwZ���փ�u�Ԫ%�5�v{h�}�����s]�Z[E�}Yo�=���]��� � ��>�_���ǩ��'�W�������a�v�*��Y�i��v8u7���T%el��Fp��O� ���W�&�1p|R���B�}T���xt��+^N,���i�;,�2�k�x ᔈ���vw���,|����7�z�AZDy�U�,ƽO��b'� S� +�a����{�)�����T>nl�����V�k�n����a{l�u&(p�8 �;��}��_$�k�Pm��p_��7A˂���mӟ�-Wc��Ȼ��Vp ��&c:r�b�/$�y� Opinion for Apple Inc. v. Samsung Electronics Co., Ltd. — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. What’s so easy about this case is that they never identified to the jury, in either case, any article of manufacture other than the phone.

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