Calculating penalties for component design IP infringement

An article in the Wall Street Journal  (August, 4 2016) titled “Apple wins famed designer support in battle vs Samsung” describes the challenge of determining penalties for Samsung ‘ s violation of  Apple’s patents for display of apps and the smartphone front face. Samsung argues that “violating a cup holder patent should not entitle one to profits for the car”. But other designers argue that the components of the design should not be separated from the final product. Will upholding Apple’s contention that it is entitled to all smartphone profits diminish product innovation by increasing IP risk? How should courts assess the contribution of a component to the market size of an end product? Should the ease of component redesign be considered when determining penalties?

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About aviyer2010

Professor
This entry was posted in intellectual property, Liability, product, technology, Uncategorized and tagged , , , , . Bookmark the permalink.

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