Samsung Electronics Co., v. Apple Inc. (15-777)
argument 15-777Samsung Electronics Co., v. Apple Inc.
Supreme Court of the United States
1h 2m
5 speakers
8 chapters
transcribed 5 days ago
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Transcript
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What is the central legal issue in Samsung v. Apple regarding design‑patent damages?
We'll hear argument first this morning in case fifteen seven seven seven seven seven seven seven seven. Samsung Electronics versus Apple Incorporated. Ms. Solomon?
Mr Chief Justice, and may it please the court, a smartphone is smart because it contains hundreds of thousands of the technologies that make it work. But the Federal Circuit held that Section two hundred and eighty nine of the Patent Act entitles the holder of a single design patent on a portion of the appearance of the phone to total profit on the entire phone. That result makes no sense. A single design patent on the portion of the appearance of a phone should not entitle the design patent holder to all the profit on the entire phone. Section two hundred and eighty nine does not require that result, and as this case comes to the court on the briefing, Apple and the government now agree that Section two hundred and eighty nine does not require that result, we respectfully ask that the Court hold
When a design patent claims a design that is applied to a component of a phone. Or a component of a product. Or to use the language of Section two hundred and eighty nine. When a design patent is applied to an article of manufacture within a multi article product We request that you hold that Section two hundred and eighty nine entitles the patent holder to total profit on the article of manufacture to which the design patent is applied. And not the profits on the total product.
The problem is is how to instruct the jury on that point. Both parties not the government. Both parties Kind of leave it up and there you say, Oh give it to the jury. If if I were the juror, I simply wouldn't know what to do under your under your test. My preference of If I were just making what a sensible rule is we'd have market studies to see how they consume the extent to which the design affected the consumer and then The jury would have something to do with that, but that's apportionment which runs headslong into the statute. You can't really have apportionment. Um so it seems to me that the You leave us with no with one one choice is to just have a de minimis exception, like the cup holder example that's in the car.
Maybe the boat windshield, which is a little more difficult. Um and just follow the and just follow the words of the statute. But it seems to me neither side gives us uh an instruction to work with. So, the other thing if I were the juror, I wouldn't know what to do under your brief.
Your Honor. We do not propose a test that simply leaves it to the jury without guidance. The instruction we proposed and that was rejected by the district court appears in the blue brief at page twenty one. And what we would have told the jury is that the article of manufacture to which a design has been applied is the part or portion of the product as sold that incorporates or embodies the subject matter of the patent. So Justice Kennedy, our test is very simple. We
take it if I'm in the juror, I just don't know what to do. I'll I'd have the iPhone in the jury room, I'd I'd look at it. I just wouldn't know.
Your Honor, we we respectfully suggest is that there are two parts to the test for what constitutes an article of manufacture. And to be clear I'm now stressing our article of manufacture argument, not the causation argument we gave as an alternative. As the case comes to the court, all we ask is that you rule in favor of us on article of manufacture. And Justice Kennedy, the statute tells us what to look at. Could
I really quickly make sure I understand that that in other words, you're you're you're saying We should only look to what an article of manufacture is and not Your um other argument that there should be apportionment as to any particular article of manufacture?
That is correct, Your Honor. We are pressing here as all you need to resolve the case. that a jury should be instructed that total profit must be profit derived from the article of manufacture to which the design has been applied. And Your Honor, the statute does support our test, because the statute asks us to look
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Chapters
8 chapters
1
What is the central legal issue in Samsung v. Apple regarding design‑patent damages?
0:00–7:06
2
How do the parties define “article of manufacture” under 35 U.S.C. § 289?
7:06–15:02
3
Why does the Federal Circuit’s “total‑profit” rule cause disagreement among the courts?
15:02–22:37
4
What test does the government propose for identifying the relevant article of manufacture?
22:37–32:27
5
How might a jury determine the quantum of profits attributable to a design‑patented component?
32:27–39:57
6
What analogies (VW Beetle, Corvette, cup‑holder) are used to illustrate apportionment challenges?
39:57–47:31
7
How do the Justices’ questions shape the discussion of apportionment versus total‑profit awards?
47:31–55:43
8
What remedy does Samsung seek from the Supreme Court and why is a remand requested?
55:43–1:02:05