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Design Patent Damages: A Critique Of The Government’S Proposed 4-Factor Test For Determining The “Article Of Manufacture”, Perry J. Saidman
Design Patent Damages: A Critique Of The Government’S Proposed 4-Factor Test For Determining The “Article Of Manufacture”, Perry J. Saidman
IP Theory
The Supreme Court in Samsung Electronics Co. v. Apple, Inc. wrestled with the question of determining the meaning of “article of manufacture” in 35 U.S.C. § 289 when it comes to calculating the total profit of the infringer that is awarded to the patentee.
In its Petition for Certiorari, Samsung raised the novel theory that the article of manufacture could be less than the entire product sold by the infringer. The Supreme Court agreed to hear the following issue, as framed in Samsung’s Petition:
Where a design patent is applied to only a component of a product, should an …