Samsung Electronics Co., Ltd. v. Apple, Inc., U.S., No. 15-777, amicus brief filed 8/4/2016
The plain language and legislative history of 35 U.S.C. 289 demonstrates that Congress has provided design patent owners with an infringement remedy of the infringer's profits that is based on the total, unapportioned revenue from sales of the entire article of manufacture, AIPLA argued August 4, 2016, in a Supreme Court amicus brief.
Congress over the years has made different decisions on recovering an infringer’s profits with respect to utility patents (repealed in 1946), trademarks (granted in 1946, placing the apportionment burden on the infringer), and copyrights (granted in 1976, placing the apportionment burden on the infringer), the brief noted. However, Congress has not moved away from its grant to design patent owners of the right to recover an infringer’s total, unapportioned profits, according to the brief.
Congress over the years has made different decisions on recovering an infringer’s profits with respect to utility patents (repealed in 1946), trademarks (granted in 1946, placing the apportionment burden on the infringer), and copyrights (granted in 1976, placing the apportionment burden on the infringer), the brief noted. However, Congress has not moved away from its grant to design patent owners of the right to recover an infringer’s total, unapportioned profits, according to the brief.
Upcoming Events
-
2026 IP Transactions Bootcamp
February 12, 2026
This in-person bootcamp is designed to provide practical insights and strategies for professionals working in intellectual property transactions. The day features a comprehensive agenda including: Panels and CLE Sessions: Learn about Working with Tech Transfer Offices, Strategies for successful collaborations between nonprofits and industry, and Protecting and monetizing an AI asset. Drafting and Negotiating Tips: Get practical advice on drafting and negotiating strategic collaboration and license agreements. Hands-on Workshop: Participate in a Mock licensing negotiation to put your skills to the test. Networking: Conclude the day with a dedicated Networking reception. -
2026 Patent Prosecution Bootcamp - Arlington, VA
March 4 to 6, 2026 | Up to 1235 minutes, including 60 Ethics minutes
The 2026 Patent Prosecution Bootcamp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on U.S. and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions. -
2026 Advanced Chemical Patent Practice Institute
May 11 to 12, 2026 | CLE calculations pending
The Advanced Chemical & Biotech Patent Institute is an in-depth continuing legal education program tailored specifically for experienced patent practitioners in the chemical and biotech fields. This advanced course offers a comprehensive view from both prosecution and litigation perspectives, covering crucial topics relevant to practice in the U.S. and internationally. -
2026 Spring Meeting - San Francisco, CA
May 13 to 15, 2026
We’re excited to welcome you to the 2026 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. San Francisco is ready for your ideas, energy, and passion for IP! -
2026 Trade Secret Summit
June 1, 2026
The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities. CLE credits will be available.