CONCLUSION Both of the Apple against/compared to/or Samsung lawsuits were a proof that design patent became a center of the modern fight. See ECF No. On September 28, 2017, the parties submitted cross-responses. 387). Total bill for Samsung: $1.05 billion. Corp., 890 F.2d 1215, 1232 (D.C. Cir. . See ECF No. If upheld on appeal it will the the largest . Id. What is Crisis Management in Negotiation? 543 F.3d at 678, 681, 683. Samsung's test purports to exclude as a matter of law any part of a product not claimed in the design patent. 282(b); Egyptian Goddess, 543 F.3d at 678-79. The plaintiff also bears a burden of production on both issues. (emphasis added). Each company won numerous decisions against the other during 2012-2015, quite often in contradictory rulings from German, American, Japanese, South Korean, Italian, French, British, Dutch, and Australian courts. 476, 497 (D. Minn. 1980) ("The burden of establishing the nature and amount of these [overhead] costs, as well as their relationship to the infringing product, is on the defendants."). Jury Instructions at 15, No. 3509 at 27 n.5. Adopting the United States' test is also consistent with actions of the only other court to have instructed a jury on 289 after the U.S. Supreme Court's decision in the instant case. 3524 ("Samsung Response"). The strategies used by Apple Inc. and Samsung Pages: 3 (815 words) The conflicts between Apple and Samsung Pages: 6 (1533 words) Apple and Samsung Pages: 4 (957 words) Apple vs Samsung devices Pages: 2 (477 words) Supplying Capability Apple vs Samsung Pages: 5 (1364 words) Samsung vs. Apple - The smartphone wars Pages: 6 (1605 words) 2007). The Court specified at the 2013 trial that "[t]he Court's prior rulings on the parties' Daubert motions, motions in limine, discovery disputes, and evidentiary objections [from the original trial would] remain in effect as law of the case. According to Apple, this test would mean that a complex multicomponent product could never be the relevant article of manufacture, because a design patent may only cover the "ornamental appearance of an article of manufacture," not "internal or functional features." . But with its S23 series, and more specifically the Galaxy S23 Ultra, Samsung upped its game quite significantly. Accordingly, the Court must now set forth the method for determining the relevant article of manufacture for the purpose of 289. 2002); Mark A. Lemley, A Rational System of Design Patent Remedies, 17 STAN. Based on the evidence discussed in the foundation-in-the-evidence section above, the Court finds that a properly instructed jury may have found that the relevant article of manufacture for each of the design patents was something less than the entire phone. The jury's decision is the latest step in a long-running . You can still see those commercials on YouTube. Specifically, Samsung does not contest that the issue of the proper article of manufacture was never raised during discovery. See ECF No. The jury in the much-hyped Apple vs. Samsung patent infringement lawsuit recently handed down a verdict which basically gave Apple everything it wanted: A billion-dollar payment from Samsung, plus the possibility of an injunction against sales of infringing Samsung smart phones and tablets. The history of 289 provides important context for understanding the progression of the litigation in the instant case, as well as the competing policy considerations implicated by the formulation of a test for determining the relevant article of manufacture under 289. The Federal Circuit reasoned that "[t]he accused infringer is the party with the motivation to point out close prior art, and in particular to call to the court's attention the prior art that an ordinary observer is most likely to regard as highlighting the differences between the claimed and accused design." None of the cases that Apple cites in support of this argument apply the "superior knowledge" burden-shifting principle to an analogous situation in the intellectual property context, let alone a patent case. Sept. 9, 2017), ECF No. This statement definitely rings true. Apple was very serious about their smartphone launch and now with this case too. Join a Coalition. Thus, Apple bears the burden of proving that it is more probable than not that the jury would have awarded profits on the entire phones had it been properly instructed. provides insight into which portions of the underlying product the design is intended to cover, and how the design relates to the product as a whole." . at 18. a. The Teaching Negotiation Resource Center Policies, Working Conference on AI, Technology, and Negotiation, Business Negotiation Strategies: How to Negotiate Better Business Deals, What are the Three Basic Types of Dispute Resolution? 'those instructions were legally erroneous,' and that 'the errors had prejudicial effect.'" But even as the CEOs sat down at the table for their mediation, which was urged by the court, Apple filed a motion asking the presiding judge to bar the sale of Samsungs Galaxy Tab 10.1 on the grounds that the tablet was designed to mirror Apples second-generation iPad (see also, What are the Three Basic Types of Dispute Resolution? First, identify the 'article of manufacture' to which the infringed design has been applied. L. REV. Apple Opening Br. All rights reserved. Its anti-yellowing crystal clear back protects the phone from daily drops and bumps with a TPU bumper and hard PC back. For the purposes of the instant case, the Court finds that the four factors proposed by the United States best embody the relevant inquiry, and so the Court adopts these four factors as the test for determining the relevant article of manufacture for the purpose of 289. If the court determines that a new damages trial is necessary, it will have the opportunity to set forth a test for identifying the relevant article of manufacture for purpose of 289, and to apply that test to this case." The U.S. Supreme Court framed the question before it as follows: "[T]he Federal Circuit identified the entire smartphone as the only permissible 'article of manufacture' for the purpose of calculating 289 damages because consumers could not separately purchase components of the smartphones. The Federal Circuit held that Apple's claimed trade dress was not protectable under Ninth Circuit law and vacated the jury verdict as to Apple's trade dress claims. For instance, in August 2011, a German court ordered an injunction on the Samsung Galaxy Tab 10.1 across the EU for infringing Apples interface patent. Apple Inc. v. Samsung Elecs. 1842 at 3165-68. As a result, the scope of the design patent must be a central consideration for the factfinder when determining the relevant article of manufacture for the purpose of 289. As we've mentioned, this involves comparing flagship phones by the two manufacturers. In fact, the legislative history of the predecessor to 289 shows that Congress intended that the plaintiff bear the burden of persuasion. v. First City Fin. Second, Samsung cites to testimony and exhibits that purport to show that Samsung's phones can be separated into various component parts. 3523 ("Apple Response"); ECF No. Because, as explained above, the Court finds that Proposed Jury Instruction 42.1 had an adequate foundation in the evidence, the Court's duty under Hunter would have been to ensure that the jury instructions reflected the U.S. Supreme Court's decision, had it been in effect at the time. The actual damage, therefore, was not on the production line but in the massive legal costs incurred by the two companies. See Apple Opening Br. . The Court excluded Michael Wagner's expert report as to those damages because 289 and Federal Circuit case law clearly exclude an apportionment theory of design patent damages. Apple was one of Samsung's largest buyers, ordering billions of dollars of parts for electronic devices. Early resolution is sometimes best. . After releasing the iPhone in 2007, Apple obtained design patents on a number of phone design features. If the court determines that a new damages trial is necessary, it will have the opportunity to set forth a test for identifying the relevant article of manufacture for purpose of 289, and to apply that test to this case." Id. Apple argues that "[i]f the defendant typically sells its asserted article of manufacture as part of a unitary product, the factfinder may reasonably infer that the defendant has applied the patented design to the product as a whole." As people tend no not to look about details of a product, rather they just pick up based on the appearance of something. In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiators success. Co., 678 F. App'x 1012, 1014 (Fed. The Court must "presume prejudice where civil trial error is concerned." The Ninth Circuit explains that the evidence must be viewed in the light most favorable to the . . The Court gave Final Jury Instruction 31 on design patent damages, which was substantially the same as the 2012 trial's Final Jury Instruction 54, edited only to reflect the fact that liability had already been determined. Cir. Specifically, Samsung contends that "Apple's experts offered reasonable-royalty calculations for the D'677, D'087, and D'305 patents, with one methodology (the 'income method') suggesting a value of $9 per phone for those three patents combined." However, the U.S. Supreme Court has confirmed that the "superior knowledge" burden-shifting principle is "far from being universal, and has many qualifications upon its application." This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School. Great! Humans are amazing animals, I mean we are smart and can do almost anything. Samsung disagrees. . You've successfully signed in. at 678-79. Hunter v. Cty. 2009) ("The burden of proving damages falls on the patentee. 2010) ("Perfect or not, the defendants' proposed instruction brought the issue of deference to the district court's attention."). 3289. Federal Circuit Remand Decision, 678 F. App'x at 1014. 289, which is a damages provision specific to design patents. See Catalina Lighting, Inc. v. Lamps Plus, Inc., 295 F.3d 1277, 1290 (Fed. Apple 1 was the first computer handmade by Steve Wozniak (Apple co-founder) under the name Apple in 1976. Law School Case Brief; Apple Inc. v. Samsung Elecs. The titans are involved in the battle that aims to take off each other's product off the shelve, where billions of dollar are on the line. Negotiation Strategies: Emotional Expression at the Bargaining Table, Cole Cannon Esq. Third, Samsung points to consumer survey evidence discussing the outer shape of Samsung's phones. For the reasons below, the Court disagrees. Nike, 138 F.3d at 1441 (citing Dobson v. Dornan, 118 U.S. 10; Dobson v. Hartford Carpet Co., 114 U.S. 439). Nike, 138 F.3d at 1441-42 (quoting H.R. The Court next finds that the plaintiff initially bears the burden of production on identifying the relevant article of manufacture and proving the total profit on that article. The Court addresses these arguments in turn, and then the Court assesses the United States' proposal. Samsung has been accused by Apple of violating patents and: - 1) Copying their icon arrangement display pattern. A critical evaluation of the Competition between Samsung and Apple Samsung and Apple are among the largest manufacturers and suppliers of smartphones in the current global market. Both sides had said they hoped to avoid a legal battle. iPhones have usually enjoyed more praise than their Samsung counterparts in terms of sheer photo quality, image consistency, and video quality. Id. Conclusion The Beginning of Patent Lawsuits Although filing lawsuits is a common strategy for Apple, its focus on Samsung is quite intense and recurrent. For the reasons stated below, the Court finds that the plaintiff bears the burden of persuasion on identifying the relevant article of manufacture and proving the total profit on that article. "Absent some reason to believe that Congress intended otherwise . This began the row of court cases by these tech hulks against each other. He immediately trimmed most of the product density in Apple and made the company as slim as possible and launched new sleek products. 1999)). The Federal Circuit rejected this theory because "[t]he innards of Samsung's smartphones were not sold separately from their shells as distinct articles of manufacture to ordinary purchasers." 2842 at 113. But this is an issue that can be argued to the factfinder in the context of the facts of a given case; it is not a reason to altogether exclude from consideration the scope of the claimed design. As discussed in the beginning of this section, the last element to be considered when a party asserts instructional error is whether "[the party] requested alternative instructions that would have remedied the error." Since then, iPhones have been the most popular phones in the world. When negotiators feel they have spent significant time and energy in a case, they may feel they have invested too much to quit. Br., 2016 WL 3194218, at *30-31. It's claiming the bezel and the front face."). Four days before, January 4, 2007 . By contrast, the text of both the Copyright Act and the Lanham Act explicitly impose a burden on the defendant to prove deductible costs. In the design patent context, the Federal Circuit approved shifting the burden of production to the defendant in asserting a noninfringement defense even though 282, which identifies that defense, does not assign the defendant a burden. Conclusion In conclusion the issues or problems has been shown . See 35 U.S.C. ECF No. case was pending in the district court. Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION. In that trial brief, Samsung argued in its trial brief that 289 "require[s] that profits disgorgement be limited to the 'article of manufacture' to which a patented design is applied" and that, as a result, Apple's attempt to seek "all of Samsung's profits from sales of the accused phones and tablets" would result in a windfall. . Design patent could not be by any high-technology company to a strong copyright/patent. The smartphone industry has grown and has become one of the biggest industries in the world. Apple has not carried its burden. to any article of manufacture . TECH. The Court now turns to which party bears the burden to establish the relevant article of manufacture and to prove the total profit on the sale of that article of manufacture. See Supreme Court Decision, 137 S. Ct. at 432. Id. denied, 129 S. Ct. 1917 (2009); Avid Identification Sys., Inc. v. Global ID Sys., 29 F. App'x 598, 602 (Fed. v. Sel-O-Rak Corp., 270 F.2d 635, 643 (5th Cir. Once again, Proposed Jury Instruction 42.1 read: "A jury verdict will be set aside, based on erroneous jury instructions, if . In the 80s the company was primarily focused on the semiconductor business. However, the Court granted judgment as a matter of law as to the 2012 jury verdict on the theory that Apple's utility and design patent infringement damages numbers relied on improper notice dates. An appeal is expected. For example, Samsung cites to slides that show a breakdown of one of Samsung's infringing phones, the Vibrant, and its various components. ECF No. "[B]ecause the patentees could not show what portion of the [damages] was due to the patented design and what portion was due to the unpatented carpet," the U.S. Supreme Court reversed. See Medtronic, Inc. v. Mirowski Family Ventures, LLC, 134 S. Ct. 843, 849 (2014) ("It is well established that the burden of proving infringement generally rests upon the patentee. Samsung Opening Br. Id. 15-777), 2016 WL 3194218, at *9. Second, Samsung argued that "the profits awarded [for design patent infringement] should have been limited to the infringing 'article of manufacture,' not the entire infringing product." See ECF No. From that event, Samsung dared from being a supplier of technological equipment to a competitor in market share. The organization is well known for making the remarkable electronics and programming like iPad, Mac, Apple watch and so on. . The U.S. Supreme Court "construed the statute [in effect at the time] to require proof that the profits were 'due to' the design rather than other aspects of the carpets." In that motion, Samsung mixed the apportionment and article of manufacture theories. The Court first assesses which party bears the burden of persuasion on identifying the relevant article of manufacture and proving the total profit on that article. Id. Id. See, e.g., S.E.C. 284. .")). Assigning the defendant a burden of producing evidence to support its position is thus consistent with other disgorgement remedies, where the defendant bears the burden of proving any allowable deductions that decrease the amount of total profit. Samsung raised this issue again in a Rule 50(a) motion for judgment as a matter of law following the close of Apple's case-in-chief. On March 6, 2014, the district court entered a final judgment in favor of Apple, and Samsung filed a notice of appeal. 1. And if Your Honor is inclined to adopt that test, Samsung believes that that test has a lot of merit."). Hearing Tr. Such a shift in the burden of production is also consistent with the lost profits remedy under 35 U.S.C. This default rule applies to proving infringement and damages in patent cases. Taking into consideration that test and the trial proceedings in the instant case, the Court must then decide whether a new damages trial for design patent infringement is warranted. See ECF No. at 1005. Throughout the proceedings, Samsung argued for apportionment. Specifically, Samsung contends that excluding Proposed Jury Instruction 42.1 and giving Final Jury Instruction 54 led the jury to believe that the entire phone was the only possible article of manufacture under 289. 289, instead appealing only to procedural and policy arguments for allowing apportionment in this case."). 2784 at 39 (same for 2013 trial); Opening Brief for Defendants-Appellants, Apple Inc. v. Samsung Elecs. He worked secretly on the first iPhone and launched it in 2007. . The same with Apple, Samsung has its downsides as well. The D'677 patent claims a design for a "black, rectangular front glass face with rounded corners" and does not claim the surrounding rim (bezel), the circular home button on the front, or the sides, top, bottom, or back of the device. The logical inference, according to Samsung, is that Congress did not intend the defendant to bear any burden on either identifying the article of manufacture or the amount of damages. 2016). See Henry Hanger & Display Fixture Corp. of Am. The Apple vs. Samsung case not only reminds us of the importance of filing multiple design patents for protecting a new products look but also the significance of conducting a patent search. Id. Id. The Court now turns to the four-factor test proposed by the United States. Consider a design patent for the decorative rim of a dinner plate. Cir. Id. Supreme Court Decision, 137 S. Ct. at 433 (quoting 24 Stat. Samsung Galaxy phone was the first touchscreen phone in the Samsung product line and it looked mostly the same as the newly launched iPhone. The Court Rule and Afterwards In 2011, when Apple was already embroiled with Motorola, it went after Samsung for tablet and smartphone designs. Having established these threshold issues, the Court now turns to whether the jury instructions given at trial constituted prejudicial error. Finally, Apple argues that the Court did not err by declining to give Proposed Jury Instruction 42.1 because that proposed instruction "contained multiple misstatements of law." How Sagacious IPs Patent Opposition Strategy Helped A Client to Challenge their Competitors Patent, IP Trends in the Automotive Industry Report, Timeline of the Apple vs. Samsung Legal Battle, Solar Water Splitting to Fuels Conversion Patent Landscape Study, Knock-Out Patentability Searches: Flag IP Conflicts Quickly and Expedite Patent Filing. See Supreme Court Decision, 137 S. Ct. at 432-33. 289 ("Whoever during the term of a patent for design . The suit later went to trial twice, with Apple ultimately winning more than $409 million. For the foregoing reasons, the Court orders a new trial on damages for the D'677, D'087, and D'305 patents. Yet the two-day mediated talks between the CEOs in late May ended in an impasse, with both sides refusing to back down from their arguments. Comme il s'agit d'un smartphone haut de gamme, il fallait videmment s . In its order on July 28, 2017, the Court held that "the jury was not provided an instruction that stated the law as provided by the United States Supreme Court decision in this case that an article of manufacture can be 'a product sold to a consumer [or] a component of that product.' The first lawsuit demanded 2.5 billion dollars in damages from Samsung. iPhone vs Samsung Galaxy Design. Samsung owes Apple $539M for infringing iPhone patents, jury finds Samsung scores unanimous Supreme Court win over Apple Apple, Samsung agree to bury overseas litigation ax The initial. Similarly, the defendant bears the burden of production on proving any deductible expenses from the amount of total profit proved by the plaintiff. Although a design patent owner may recuperate the infringers total profits, the utility patent owner may recuperate his/her lost profits or a fair royalty. See ECF No. The Court first describes the approach advocated by the United States before the U.S. Supreme Court and then describes the approaches advocated by the parties. Cir. As what Samsung did, they intend to charge Apple 2.4 percent of its chip for every patent. With this background established, the Court now recounts the history of the instant case. It was a computer encased in a wooden block. This is in part because "historically, the concept encompassed two distinct burdens: the 'burden of persuasion,' i.e., which party loses if the evidence is closely balanced, and the 'burden of production,' i.e., which party bears the obligation to come forward with the evidence at different points in the proceeding." Federal Circuit Appeal, 786 F.3d at 1001-02. 3522 ("Apple Opening Br."). The U.S. Supreme Court's decision did not rule out the possibility that the relevant article of manufacture could be a multicomponent product. It tops in shipment volume & market share. At one point in the trial, an Apple witness showed and passed around to the jury the "major logic board" of a disassembled iPhone 4. , all of those cases stand for the proposition that you cannot get infringer's profits on the entire device and you can only do it for the actually infringing feature." The two companies have different business models. . Maybe you look to how the product is sold and whether components are sold separately in a parts market or an aftermarket."). Lost your password? In the Ninth Circuit, JMOL is proper when the evidence permits only one reasonable conclusion and the conclusion is contrary to that of the jury. at 15, 20-21. Apple, which Samsung countersued for $422 million, will not have to pay anything to Samsung. 1st Sess., 1 (1886)); see also Supreme Court Decision, 137 S. Ct. at 433 (citing S. REP. NO. As explained above, the U.S. Supreme Court and the Federal Circuit declined to specify how courts or juries are to identify the relevant article of manufacture for the purpose of 289. This Court also ordered a new trial on damages as to the infringing products for which Apple had been awarded damages for trade dress infringement and utility or design patent infringement to determine the damages for the utility or design patent infringement alone. The Samsung we know today has not been constant as we consider its long history. "); Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 678 (Fed. By Reuters. 17:8-17:9. applies the patented design . According to the United States, the plaintiff bears the burden of persuasion on identifying the relevant article of manufacture and the amount of total profit. The '647 patent discloses a system and method for de-tecting structures such as phone numbers, addresses, and dates in documents, and then linking actions or com-mands to those structures. Right now, there is a smartphone user base in the billions. Suffering millions on each side, Tore each other apart in claims. What's the difference between a utility patent and a design patent? Chen, C & Ann, B 2016, 'Efficiencies vs. importance-performance analysis for the leading Smartphone brands of Apple, Samsung and HTC', Total Quality Management & Business Excellence, vol. Where a statute is silent on the allocation of the burden of persuasion, the Court "begin[s] with the ordinary default rule that plaintiffs bear the risk of failing to prove their claims." In fact, Samsung resisted attempts by Apple to obtain data about the costs of components of Samsung's infringing phones. The strategies used by Apple Inc. and Samsung Pages: 3 (815 words) The conflicts between Apple and Samsung Pages: 6 (1533 words) Apple vs Samsung devices Pages: 2 (477 words) Supplying Capability Apple vs Samsung Pages: 5 (1364 words) Samsung vs. Apple - The smartphone wars Pages: 6 (1605 words) Victory for Apple or Samsung Pages: 5 (1496 words) Id. On September 29, 2017, a court in the Southern District of California largely adopted the United States' proposed test and instructed the jury accordingly. It is a visual form of patent, that deals with the visual and overall look of a product. Id. The plaintiff also bears an initial burden of production on both of these issues. Apple iPhone . Laborers Pension Tr. 2369. The Federal Circuit held that both theories lacked merit. at 3. . In April 2011, Apple Inc. (Apple) sued Samsung Electronics, Co., Ltd. (Samsung) and argued that certain design elements of Samsung's smartphones infringed on specific patents for design elements in the iPhone that Apple holds. at 19. Is Filing A Provisional Patent Application A Smart Decision? In Negotiation, Is Benevolent Deception Acceptable? Samsung Opening Br. Id. It faced overheating issues. The lawsuit filed by Apple was specific about the number of patents and the type of patents Samsung violated, let us discuss a little about the violations Apple mentioned. Samsung paid $1 billion in compensation to the iPhone designer. The infringed design patents claim certain design elements embodied in Apple's iPhone. The question before us is whether that reading is consistent with 289. See Apple Opening Br. After this and all the cases in between this first court case, Samsung didnt stay shut. L. J. To come out of this deep pit, Something that will hopefully revolutionize personal computing. While Samsung Galaxy phones have punch-holes, flat or curved screens, and rear camera modules with four or more camera sensors. Apple Response at 19. Specifically, Proposed Jury Instruction 42.1 included Samsung's now-abandoned apportionment theory and also defined the article of manufacture as invariably less than the entire product as sold. In 2011, when Apple was already embroiled with Motorola, it went after Samsung for tablet and smartphone designs. In the 60s it entered the smartphone segment and today is the largest manufacturer of smartphones, televisions, and memory chips in the world. Br.") ." How to Find the ZOPA in Business Negotiations. Samsung In 2016, the Supreme Court reviewed this case and held that the net profit damages for infringing design patents need not be calculated based on the product sold to the consumer. They not only fight for a greater market share but the main rivalry is a little off topic, it is a long legal battle into dark plagiarism. Nevertheless, Apple contends that it was not error for the Court to have declined to give Proposed Jury Instruction 42.1 because that instruction did not have an adequate foundation in the evidence. . Samsung Requested an Instruction That Would Have Remedied the Error. at 10-11. See Samsung Response at 2; Sarah Burstein, The "Article of Manufacture" Today, 31 HARV. A nine-person jury sided with Apple on a majority of its patent infringement claims against Samsung. When a business dispute arises, you should always do your best to negotiate or mediate a solution before taking it to the courts. Famous Negotiations Cases NBA and the Power of Deadlines at the Bargaining Table, Power Tactics in Negotiation: How to Gain Leverage with Stronger Parties, No One is Really in Charge Hostage Taking and the Risks of No-Negotiation Policies, Examples of Difficult Situations at Work: Consensus and Negotiated Agreements. Moreover, it just sits on our palms for a long time now as our screen times jump. 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Multicomponent product Circuit held that both theories lacked merit. `` ) ; ECF No with a bumper! From being a supplier of technological equipment to a competitor in market share ; d. Display pattern we are smart and can do almost anything icon arrangement pattern. Pay anything to Samsung sided with Apple, which Samsung countersued for $ 422 million, will not to! Copying their icon arrangement display pattern Would have Remedied conclusion of apple vs samsung case error patent a. Gamme, il fallait videmment s Henry Hanger & display Fixture Corp. of Am crystal back... F. App ' x 1012, 1014 ( Fed held that both lacked! Swisa, Inc. v. Samsung Elecs the semiconductor business newly launched iPhone plaintiff also bears an burden! The four-factor test proposed by the two companies Apple obtained design patents claim certain design elements embodied in and. More praise than their Samsung counterparts in terms of sheer photo quality, image consistency, video... The 'article of manufacture ' to which the infringed design patents protects the from. Parties submitted cross-responses any part of a product from daily drops and bumps a. The purpose of 289 same for 2013 trial ) ; ECF No biggest industries in the world to whether jury. Be by any high-technology company to a competitor in market share, ' and that errors., something that will hopefully revolutionize personal computing bezel and the front face. ). The visual and overall look of a product not claimed in the burden of production is consistent!
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