Patent Act—Remedy for Infringement

Samsung Electronics Co. v. Apple Inc., No. 15-777

The Patent Act provides that a patent infringer “shall be liable to the owner to the extent of his total profit.”  Id. § 289.  In a high-profile patent dispute, Apple sued Samsung for infringing several design patents related to the Apple iPhone.  A jury found that Samsung was liable for infringement.  Samsung was ordered to disgorge all of its profits from affected smartphones to Apple.  The Federal Circuit affirmed.  Today, the Supreme Court granted certiorari to decide whether Section 289 requires the disgorgement of profits for an infringer’s entire product when the infringement covers only a component of that product.