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#goodcatch; just more #lazyreporting on #appsung; indeed, on remand, award of total profits from entire phone ($399m) is MOST likely outcome
#appsung "[r]uling Apple can’t claim the total profit of Samsung phones for infringing on design patents" Wrong! bit.ly/2iRQ1vu
You make some fair criticisms, but cut Prof. Burstein (@designlaw) some slack. She is just trying to make sense of a poorly written opinion, which she concedes needs a rewrite. Like #DesignPatents, the @Columbia1938 opinion needs attention. #FedCir
Read our analysis of Professor Burstein's recent post on Patently-O related to Columbia vs. Seirus. She needs to get her positions straight...! #designpatents, @designlaw, #FedCir, @ChrisCarani, @Design_Law_Guru linkedin.com/pulse/professo…
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Professor Burstein Says The Sky is Not Falling...Really, Where is The Proof?
In her recent Patently-O article, The Sky is Not Falling, Professor Burstein goes to great length to argue that Columbia Sportswear v. Seirus is nothing to be concerned about, despite the vigorous...
DOJ: When AOM is end product, "§289 does not permit infringer to show that profit is attributable to aspects other than patented design."
Starting our Creativity & Innovation seminar w Landes&Posner and @marklemley on #economics of #IntellectualProperty. @CardozoIPIL
Good news for harmonisation: colour to become a registrable feature of an industrial design in Canada
We’ve modernized our industrial #design office practices! Take a look at the changes ow.ly/lENO30838dK
Patentee's AOM for purposes of 171 does not dictate relevant AOM for 289 profits. #applesandoranges #designpatents
Peel's ultra-thin cases brings jet black to any iPhone 7 buff.ly/2ig7Oil #Industrialdesign #design #innovation #productdesign
Measure twice, cut once by @rklau library.gv.com/measure-twice-… #productdesign
We are living in exciting times for #productdesign #design
Relevant AOM can be entire end product #SCOTUS made that clear. No apportionment of innards @FOSSpatents #appsung
All good points. My main point is that innards are still in play IF RAOM is end product, which SCOTUS contemplates.
Yes @VisualParlance. Once AOM is determined, there is NO apportionment for "innards" @FOSSpatents @ProfDezine
that's true but irrelevant. #SCOTUS held AOM COULD be entire smartphone. If shown, ALL profits from ENTIRE smartphone awarded.
One thing for certain in #appsung: no apportionment on Article of Manufacture #designpatents #FedCir #designpatent
This part of the opinion is clear. J.Sotomayor even writes "total profit" is "ALL profit from prohibited conduct"
J.Kennedy #appsung: “market studies to see how the design affected the consumer is APPORTIONMENT, which runs headlong into the statute"
Two #289 cases headed to #FedCir - Nordock and Apple; Note: Duo of O'Malley and Chen will be on BOTH 3-judge panels #designpatents #appsung
In #appsung, Court states “‘Total’, of course, means ALL.” No apportioning out innards, brand value, materials used, functionality, etc.
Agree; that principal is bedrock. But tougher issue is when design patent dots out portion of product. See #SCOTUS
When design of entire product is claimed, total profits from sale of entire product are disgorged. #designpatents
Odd that article is discussing patentees "lost profits." Section 289 regards only infringer's ill-gotten profits.
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