• A Smaller Bite for Apple? Supreme Court Limits Damages for Design Patent Infringement
  • December 9, 2016 | Authors: Ann G. Fort; Anna C. Halsey
  • Law Firm: Sutherland Asbill & Brennan LLP - Atlanta Office
  • In a case reversing a $399 million damages award to Apple, the U.S. Supreme Court has held unanimously that an “article of manufacture” under the design patent damages statute can be anything from an entire product to a single component of a multi-component product. The decision made clear that the damages award for infringement of a design patent covering a single component article of manufacture should be less than the entire profit on the multi-component product. The Court left open the question of how the lost profits for a single component of a multi-component product should be determined.