In Samsung Electronics Co. v. Apple, the U.S. Supreme Court held that an award of a design-patent infringer’s total profit on an infringing article of manufacture under 35 U.S.C. §289 need not be calculated based on the end product sold to the consumer, but may instead be calculated based on only a component of that product. 137 S. Ct. 429 (2016). The court, however, did not adopt a test to determine the relevant article of manufacture.

We report here on subsequent district court decisions that have begun to establish a test for determining the relevant article of manufacture.

Disgorgement of the Infringer’s Profits Under §289