This is a follow up to our earlier post about the fallout from the Supreme Court’s June 21, 2021 decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal...more
8/11/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board...more
7/20/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
U.S. patent laws allow for the disgorgement of the "total profits" earned by a design patent infringer deemed to have applied the "patented design" to "any article of manufacture." The disgorged profits historically were...more
6/28/2018
/ 35 U.S.C. § 284 ,
35 U.S.C. § 289 ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Component Parts Doctrine ,
Department of Justice (DOJ) ,
Design Patent ,
Patent Infringement ,
Patents ,
Remand ,
SCOTUS
On May 24, 2018, a jury in the U.S. District Court for the Northern District of California awarded Apple over $533 million in damages for Samsung's infringement of three Apple design patents covering portions of Apple's...more
5/30/2018
/ Apple ,
Apple v Samsung ,
Article of Manufacture ,
Damages ,
Design Patent ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Samsung ,
SCOTUS ,
Smartphones ,
Special Damages