For the first time in 130 years, the U.S. Supreme Court is going to weigh in on design patent damages. The timing couldn’t be worse for Apple Inc.
The high court agreed Monday to review Apple’s epic battle with Samsung Electronics Co., specifically to decide whether the remedy for design patent infringement is disgorgement of all profits generated by the product. Samsung contends the 1887 statute on design damages—inspired by a Supreme Court decision on rug design—is no longer relevant in a world of complex electronic devices in which design may be one of hundreds of patented features.
