Samsung Electronics Co. v. Apple Inc.
Supreme Court of the United States
1Opinion of the CourtJustice Sotomayor
Section 289 of the Patent Act provides a damages remedy specific to design patent infringement. A person who manufactures or sells "any article of manufacture to which [a patented] design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit." 35 U.S.C. § 289 . In the case of a design for a single-component product, such as a dinner plate, the product is the "article of manufacture" to which the design has been applied. In the case of a design for a multicomponent product, such as a kitchen oven, identifying the "article of manufacture" to…
2Cases cited9 opinions
- Riley v. Cal. United StatesSupreme Court of the United States · 2014
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Diamond v. ChakrabartySupreme Court of the United States · 1980
- American Fruit Growers, Inc. v. Brogdex Co.Supreme Court of the United States · 1931
- Dobson v. DornanSupreme Court of the United States · 1886
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- One-E-Way, Inc. v. International Trade CommissionCourt of Appeals for the Federal Circuit · 2017
- Fastship, LLC v. United StatesCourt of Appeals for the Federal Circuit · 2018
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