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Open Access. Powered by Scholars. Published by Universities.®

University of Miami Law School

2017

Patent infringement

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Full-Text Articles in Law

Samsung V. Apple: Taking A Bite Out Of The Design Patent “Article Of Manufacture” Controversy, Elizabeth M. Gil May 2017

Samsung V. Apple: Taking A Bite Out Of The Design Patent “Article Of Manufacture” Controversy, Elizabeth M. Gil

University of Miami Business Law Review

Smartphones have become a universal item. A smartphone is comprised of hundreds of thousands of patented inventions, many of which are design patents.1It is these design patents that are at the center of the highly-contested case of Samsung Electronics Co., Ltd. v. Apple Inc., which involves three of the design patents within Apple’s iPhone. Beginning in 2011, Apple and Samsung have been in a seemingly never-ending litigious battle over these design patents with the case commencing in the district court, climbing up to the Supreme Court of the United States, and returning to the district court. It is this …