U.S. District Judge Lucy Koh had better hope she gets confirmed to the Ninth Circuit quickly, because if the Supreme Court sends the Apple-Samsung smartphone case back to her yet again, it’s likely to be one heaping mess.
The justices seemed to agree Tuesday that Koh and the U.S. Court of Appeals for the Federal Circuit were mistaken when they ruled that design patent infringement always requires disgorgement of all profits on infringing devices—especially when design is just one feature of a complex multi-component device.
