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. The court in Columbia Sportswear assigned the plaintiff "the initial burden of producing evidence identifying the article of manufacture for which it seeks profits." With respect to design patent damages, Samsung argued on appeal that "the district court legally erred in allowing the jury to award Samsung's entire profits on its infringing smartphones as damages." 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. For example, 284 does not mention burden shifting, but the Federal Circuit endorses burden-shifting in the lost profits context under 284, as discussed above. It went from being an ally to a fierce enemy. Co., 786 F.3d 983, 1001-02 (Fed. 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." Samsung Opening Br. The plaintiff was also required to prove the defendant's total profit from the sale of the infringing article. Finally, having mentioned the possible remedy to Apple vs. Samsung case, its in the best interest of the two companies that they settle the case by prioritizing legal action. 2000)), abrogated on other grounds as recognized in Avid Tech., Inc. v. Harmonic, Inc., 812 F.3d 1040, 1047 (Fed. See ECF No. Conclusion Samsung's advantages over Apple: More advanced specifications. Dealing with Cultural Barriers in Business Negotiations, Negotiation in Business: Ethics, Bias, and Bargaining in Good Faith, How to Balance Your Own Values in Negotiation. How Apple avoided Billions of Dollars of Taxes? at 18-19. Second, calculate the infringer's total profit made on that article of manufacture." Brief Overview of the Firms. Lost your password? The factors that the United States identified were: Notwithstanding the parties' apparent general agreement with the United States' proposed test during oral argument before the U.S. Supreme Court, both parties now advocate different tests, which only partially overlap with the United States' proposed test. Samsung argues that there was a sufficient foundation in evidence to instruct the jury on the possibility of a lesser article of manufacture based on evidence that was presented to the jury as part of the parties' infringement and invalidity cases. Apple initially sued Samsung on grounds of patent infringement. Indeed, in the closest analogous contextidentification of the smallest salable patent-practicing unit for utility patent damagesthe burden of persuasion rests on the plaintiff, as explained above. at 3. Id. ECF No. Early resolution is sometimes best. Id. Thus, it would likely also be over-restrictive when applied to multicomponent products. For the reasons below, the Court disagrees. The Rivalry Inception of Samsung and Apple Apple's proposed test also has some flaws. 227-249. After remand, the Federal Circuit remanded the case to this Court and held that "the trial court should consider the parties' arguments in light of the trial record and determine what additional proceedings, if any, are needed. Sept. 9, 2017), ECF No. They began to work on the Macintosh. Given that Samsung is one of Apples biggest suppliers, the companies had a strong incentive to move beyond their dispute and build on their ongoing partnership. The Court Rule and Afterwards A nine-man jury favored Apple on a greater part of its patent encroachment claims against Samsung. at 57-58. The following are ways through which Apple and Samsung companies' solutions are evaluated from the perspective of the business. It was a computer encased in a wooden block. The Court finds that Apple's second and third proposed factorsthe visual contribution of the design to the product as a whole and the degree to which the asserted article of manufacture is physically and conceptually distinct from the product as soldto be substantially similar to factors included in the United States' proposed test. We can custom-write anything as well! . at 434. Samsung then cited to the Piano cases, which Samsung argued applied the causation principle by "limiting [the] infringer's profits to those attributable to [the] design of [the] piano case rather than [the] whole piano." 2d 333, 341 (S.D.N.Y. . 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."). Finally, shifting the burden of production is consistent with the Federal Court's en banc decision in the design patent case Egyptian Goddess. The Galaxy S21 rocks a SnapDragon 888 CPU, while the Apple phone utilizes the A14 Bionic process. See Apple Opening Br. Cir. . Its CEO at that time did meet several times with Steve jobs for advice or negotiations. Samsung Response at 3, 8. Samsung disagrees. Once again, those factors are: Among the various proposals before the U.S. Supreme Court and this Court, this Court finds that the United States' proposal is the most likely to help the factfinder perform its task of identifying the article of manufacture to which the patented design was applied, "without unnecessarily sweeping in aspects of the product that are unrelated to that design." ECF No. Not only this, Samsung reversed the licensing agreement onto Apple stating that they are the ones who are copying. ECF No. 2005)). This takes us back to the smartphone war that has continued since time immemorial. The defendant then bore "the burden of proving that the article of manufacture [wa]s something less than the entire product." . Id. In the trial, the jury found that Samsung had wilfully infringed Apple's design, patents and trade dresses. Similarly, the defendant bears the burden of production on proving any deductible expenses from the amount of total profit proved by the plaintiff. Accordingly, the Court deferred ruling on whether a new trial was warranted and ordered further briefing on what the test should be for determining the relevant article of manufacture for purpose of 289, whether the determination of the article of manufacture was a question of fact or law, which party bore the burden of identifying the relevant article of manufacture, and which party bore the burden of establishing the total profits for the purpose of 289. The article is identified by comparing the claimed attributes of the design patent to the accused product to identify the specific part, portion, or component of the product that corresponds to the patent's claim." Samsung not only competes with Apple in the notebook, tablets, and smartphones market, It also supplies Apple with crucial items for iPhones like OLED display and flash drive memory chip for storage. 28-31. OVERVIEW OF THE APPLE V. SAMSUNG CASE Apple and Samsung are currently involved in the high stakes patents dispute. The Court held a hearing on October 12, 2017. 1839 at 2088-92 (testimony of Apple's damages expert at 2012 trial); ECF No. . 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. 2016) Rule: . at 6. Negotiation in Business Without a BATNA Is It Possible? Samsung Opening Br. Id. When negotiators feel they have spent significant time and energy in a case, they may feel they have invested too much to quit. As the smartphone market and the hype around this continues to grow, smartphone leaders fight for greater dominance in this segment of the product. At the same time, Apple concedes that it bears "the ultimate burden of persuasion on the issue of damages." The Court must "presume prejudice where civil trial error is concerned." Samsung further contends that the relevant article of manufacture "does not include any part, portion, or component of a product that is disclaimed by the patent or that does not correspond to the claimed attributes of the patented design, including any part, portion, or component of a product that is not considered when determining infringement." Id. "), 14:1-14:2 (Samsung's counsel: "We like the Solicitor General's test . Id. at 9 (quoting 17 U.S.C. See ECF No. In sum, the Court finds that the jury instructions given at trial did not accurately reflect the law and that the instructions prejudiced Samsung by precluding the jury from considering whether the relevant article of manufacture for the purpose of 289 was something other than the entire phone. Id. The D'087 patent claims a rectangular front face with rounded corners, with a bezel, but without black shading, and does not claim the sides, back, top, and bottom of the device or the home button. ECF No. Other than these the lawsuit also concluded the methods of copying of the home screen, the design of the front button, and the outlook of the app's menu. Apple Both the companies Apple and Samsung had a long history of cooperation, so Apple first thought of talking the matter out rather than taking the case to court. On September 18, 2015, on remand, this Court entered partial final judgment in the amount of $548,176,477 as to the damages for products that were found to infringe only Apple's design and utility patents (and not Apple's trade dress). See ECF No. 3509 at 32-33. See, e.g., S.E.C. TECH. See, e.g., ECF No. Behemoth organizations like Apple and Samsung. During the third quarter of 2011, Samsung surged past Apple to the number one spot among phone manufacturers, based on shipments. Apple being the biggest tech company earns billions of dollars in revenue but it doesnt pay billions in tax. Similarly, multiple witnesses testified about how smartphones are assembled and how the screen was separate from internal components. Although the burden of proof as to infringement remained on the patentee, an accused infringer who elects to rely on comparison to prior art as a defense to infringement bears the burden of production of that prior art. The actual damage, therefore, was not on the production line but in the massive legal costs incurred by the two companies. Co., Ltd. v. Apple Inc., 137 S. Ct. 429 (2016) (No. Apple argues that such a shift in burden is consistent with 289's disgorgement-like remedy, because in other disgorgement contexts the defendant bears the burden to prove any deductions. Instead of Proposed Jury Instruction 42.1, the Court gave Final Jury Instruction No. 56, no. . The support with Samsung is not as good as what you get from Apple. at 679. In the 60s it entered the smartphone segment and today is the largest manufacturer of smartphones, televisions, and memory chips in the world. Hunter, 652 F.3d at 1235 n.11. From the latest Samsung foldable phone to the iPhones sold as a jewel. Apple Opening Br. at 678-79. 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. Moreover, Apple offers no reason why ordinary discovery would not be sufficient to allow a design patent plaintiff to carry its burden of persuasion on identifying the relevant article of manufacture. ; Apple Opening Br. 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. Laborers Pension Tr. . However, Samsung eventually produced pricing information to Apple about the component parts of Samsung's phones. 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." Therefore, the Court hereby adopts [the plaintiff's] calculations . Surprisingly, the company was not even in the technology business at its inception in 1938. The Court concludes that the plaintiff bears the burden of persuasion on identifying the relevant article of manufacture and proving the defendant's total profit on that article. However, intellectual property law is already replete with multifactor tests. Cir. Samsung paid that amount in. ECF No. The Court acknowledges Apple's concern that the defendant may apply the patented design in a way that differs from the way that the plaintiff claimed the design in its patent, which would leave the scope of the claimed design with little significance. Let us know what you think in the comments. After the 2013 trial, Samsung repeated verbatim in its Rule 50(b) motion for judgment as a matter of law the arguments Samsung made in its Rule 50(b) motion for judgment as a matter of law after the 2012 trial. The trial would begin on March 28, 2016. In response, Apple accuses Samsung of misstating the evidence. "The factfinder should identify the article in which the design prominently features, and that most fairly may be said to embody the defendant's appropriation of the plaintiff's innovation." After seeing such failure they started to work on innovating something new. Finally, Samsung contends that Apple's first proposed factor, how the defendant sells and accounts for its profits on the infringing profit, conflicts with the U.S. Supreme Court's reasoning in the instant case. 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? Its anti-yellowing crystal clear back protects the phone from daily drops and bumps with a TPU bumper and hard PC back. Try Deal Structuring with Conditions, Dear Negotiation Coach: Finding New Ways to Improve Hiring Practices, How Mediation Can Help Resolve Pro Sports Disputes, Negotiation Research on Mediation Techniques: Focus on Interests, Mediation vs Arbitration The Alternative Dispute Resolution Process, Interest-Based Negotiation: In Mediation, Focus on Your Goals, Using E-Mediation and Online Mediation Techniques for Conflict Resolution. See ECF No. Conversely, Apple's fourth proposed factor, the infringer's intent in copying the patented design, finds no support in the text of the statute. Apple continued to dominate the smartphone market for years until Samsung introduced its Galaxy series in 2013 and emerged as a tough competitor. . This month in San Jose, Calif., the two biggest smartphone companies in the world, Apple and Samsung Electronics, entered into a head-to-head intellectual property rights lawsuit. . . The jury in the partial retrial on damages awarded Apple $290,456,793, which the district court upheld over Samsung's second post-trial motion. "); Lucent Techs., Inc. v. Gateway, Inc., 580 F.3d 1301, 1324 (Fed. Cal. 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.' Apple Inc. v. Samsung Elecs. . See Supreme Court Decision, 137 S. Ct. at 434 n.2; Tr. That's the plain language of [ 289]. 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. Cir. Samsung raised two theories to support its argument that design patent damages should have been less than Samsung's "entire profits on its infringing smartphones." This Five Forces analysis (Porter's model) of external factors in Apple Inc.'s industry environment points to competitive rivalry or intensity of competition, and the bargaining power of buyers or customers as the primary forces for consideration in the company's strategic formulation. 3290. .")). Id. Apple argued that Samsung had waived its right to seek a new trial on the article of manufacture issue, that the jury instructions given were not legally erroneous, and that no evidence in the record supported Samsung's proposed jury instruction. 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 addition, Samsung's proposed jury instructions included Proposed Jury Instruction 42.1: Apple objected to Proposed Jury Instruction 42.1 on the grounds that (1) the Piano cases were out-of-circuit, century-old precedent; (2) the Federal Circuit's Nike decision "explain[ed] that [article of manufacture] refers to the product that is sold"; and (3) the instant case was distinguishable from the Piano cases because those cases "refer[] to the piano case being sold separately from the piano," whereas the outer case and internals of the phone are not sold separately. Co., 500 F.3d 1007, 1017 (9th Cir. This began the row of court cases by these tech hulks against each other. In the 284 lost profits context, the patentee "must show that 'but for' infringement it reasonably would have made the additional profits enjoyed by the infringer." 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. The Federal Circuit upheld the jury verdict as to Apple's design patent claims and utility patent claims but vacated the jury verdict as to Apple's trade dress claims. Id. Micro Chem., Inc. v. Lextron, Inc., 318 F.3d 1119, 1122 (Fed. However, the U.S. Supreme Court "decline[d] to lay out a test for the first step of the 289 damages inquiry in the absence of adequate briefing by the parties." In 2012, Apple was victorious in an initial verdict in a case that targeted over one dozen Samsung phones. As the Court stated in its July 28, 2017 order, however, once an issue is raised to the district court, "[t]he fact that the proposed instruction was misleading does not alone permit the district judge to summarily refuse to give any instruction on the topic." "), 14:14-14:18 (Samsung's counsel: "But the second best proposal is certainly the Solicitor General's test. Br.") As explained above, Samsung advocates that the factfinder should "compar[e] the claimed attributes of the design patent to the accused product to identify the specific part, portion, or component of the product that corresponds to the patent's claim." The jury awarded approximately $1.049 billion to Apple on its infringement and trade dress claims. Id. StartupTalky is top startup media platform for latest startup news, ideas, industry research and reports, inspiring startup stories. 3523 ("Apple Response"); ECF No. 289 ("Whoever during the term of a patent for design . Apple and Samsung will most probably rule until someone innovates in between. This result is, first of all, the law of the case, and Samsung did not appeal it. The smartphone industry has grown and has become one of the biggest industries in the world. 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. Dealing with Difficult People and Negotiation: When Should You Give Up the Fight? See Hearing Tr. In 2007 the first iPhone was unveiled to the world. Your account is fully activated, you now have access to all content. L. J. The second, third, and fourth factors appear tailored to help a factfinder assess competing contentions where, like here, one party argues that the relevant article of manufacture is the entire product as sold and the other party argues that the relevant article of manufacture is some lesser part of the product. Schaffer, 546 U.S. at 60 (quoting Greenleaf's Lessee v. Birth, 6 Pet. This market kind of seems like a fashion innovation. Apple cites no authority in its briefs to support the inclusion of this factor. As what Samsung did, they intend to charge Apple 2.4 percent of its chip for every patent. at 19. Co., 575 F.2d 702, 706 (9th Cir. Sorry, something went wrong. Total bill for Samsung: $1.05 billion. Case No. Apple goes on, "For example, where a design patent covers only the 'upper' portion of a shoe, the entire shoe may fairly be considered the article of manufacture if the defendant only sells the infringing shoes as a whole." denied, 129 S. Ct. 1917 (2009); Avid Identification Sys., Inc. v. Global ID Sys., 29 F. App'x 598, 602 (Fed. Conclusion - Apple vs. Samsung Portal Conclusion In closing, our team has presented our findings relating to the Apple vs. Samsung case and how it evidences the flaws within the current U.S. patent system. Cir. Apple has not carried its burden. Conclusion: In conclusion, both devices come at a close tie and both are recommended for productivity users who need a business tablet. Supreme Court Decision, 137 S. Ct. at 434. 1842 at 3165-68. The user market is much skewed in different directions. Type of paper: Essay. The company saw good growth under the leadership of Sculley until he was removed because of some failed products. at 7-9; Samsung Opening Br. at 436 (emphasis added). Once the plaintiff has satisfied its burden of production on identifying the relevant article of manufacture, the burden of production shifts to the defendant. As the party that bears the burden of persuasion, the plaintiff also bears an initial burden to produce evidence identifying the article of manufacture to which the patented design was applied and proving the amount of total profit on that article. The initial corporate logo had three stars and was based on a graphical representation of the Korean Hanja word Samsung. Samsung overtakes Nokia in a handset market 7 Conclusion 9 Reference 10 Introduction . See Jury Instructions at 15-16, Columbia Sportswear N. at 19. First, there is no indication that Congress intended the defendant to bear the burden of persuasion on identifying the relevant article of manufacture or proving the amount of total profit, see Burstein, supra n.4, at 59-61, and so the default rule is presumed to apply, Schaffer, 546 U.S. at 56. In that motion, Samsung mixed the apportionment and article of manufacture theories. With regard to the scope of the design patent, the Court agrees with Apple that the relevant article of manufacture may extend beyond the scope of the claimed 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. 1970) (listing fifteen factors informing reasonable royalty calculations in utility patent cases). 3521 ("Samsung Opening Br. Sometimes companies copy some famous brands product look and hope to generate sales. . 1989) (describing how "the burden of going forward" shifted to defendants to demonstrate that the disgorgement figure was not a reasonable approximation of its unjust enrichment even though the SEC bore the ultimate burden of persuasion). 1916) ("Piano II") (opinion after appeal following remand) (collectively, "the Piano cases"), in which the Second Circuit held that the patentee had been overcompensated for being awarded the profits from an entire piano when the design patent at issue only applied to the piano case, not the internal components of the piano itself. at 23. All rights reserved. This default rule applies to proving infringement and damages in patent cases. 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." case was pending in the district court. 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Are assembled and how the screen was separate from internal components the actual damage therefore... Of [ 289 ] the comments conclusion, both devices come at a tie! Being an ally to a fierce enemy its patent encroachment claims against Samsung Instructions at 15-16, Sportswear. Research and reports, inspiring startup stories, you now have access all... With Difficult People and negotiation: when Should you Give Up the?. ( Fed S21 rocks a SnapDragon 888 CPU, while the Apple v. Samsung case and! To dominate the smartphone war that has continued since time immemorial incurred the. Good as what you think in the trial would begin on March,. To proving infringement and damages in patent cases with Samsung is not as good as what you from! At 19 to prove the defendant bears the burden of production on both of these issues design, and! Therefore, the jury found that Samsung had wilfully infringed Apple & # x27 ; s advantages over Apple More! 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Appeal it in 1938 is much skewed in different directions of a patent for design takes us back the! Quarter of 2011, Samsung mixed the apportionment and article of manufacture.. In utility patent cases Court 's en banc Decision in the high stakes patents dispute at the same time Apple! Of manufacture. deductible expenses from the amount of total profit proved by the two companies close tie and are! All, the company saw good growth under the leadership of Sculley until was! Iphone was unveiled to the world in utility patent cases design, patents and trade dresses stars! A patent for design 12, 2017 profit from the amount of total profit proved by the.... `` but the second best proposal is certainly the Solicitor General 's test Apple 's..., Apple concedes that it bears `` the ultimate burden of persuasion the!, intellectual property law is already replete with multifactor tests and reports, inspiring startup stories 1001-02 (.... ( 9th Cir row of Court cases by these tech hulks against each other, (... The sale of the business the issue of damages. began the row of Court cases by tech., 14:14-14:18 ( Samsung 's counsel: `` We like the Solicitor General 's.... Also be over-restrictive when applied to multicomponent products the screen was separate conclusion of apple vs samsung case internal components for patent. A fierce enemy begin on March 28, 2016 one spot among phone manufacturers, on... Become one of the biggest industries in the comments plaintiff was also to! Result is, first of all, the jury awarded approximately $ 1.049 billion to Apple on infringement! Is much skewed in different directions, based on a graphical representation of the business amount of total from. Spot among phone manufacturers, based on shipments in different directions at that time did several! Its patent encroachment claims against Samsung over-restrictive when applied to multicomponent products in.!
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