Id. Early resolution is sometimes best. . Although filing lawsuits is a common strategy for Apple, its focus on Samsung is quite intense and recurrent. J. L. & TECH. That's the plain language of [ 289]. The jury instructions given were legally erroneous because they did not state the law as provided by the U.S. Supreme Court in this case. Therefore, the Court hereby adopts [the plaintiff's] calculations . 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. As the smartphone market and the hype around this continues to grow, smartphone leaders fight for greater dominance in this segment of the product. 3521 ("Samsung Opening Br. See Apple Opening Br. . the burden of persuasion lies where it usually falls, upon the party seeking relief." 2947 at 16 n.8. The judge eventually reduced the payout to $600 million. The first claim came in April and by August 2011, there were 19 continuing cases between Apple and Samsung in nine countries. While Samsung Galaxy phones have punch-holes, flat or curved screens, and rear camera modules with four or more camera sensors. ECF No. ECF No. ECF No. 378. 2005)). 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. Cir. 43:23-44:3. This turns out to be the best solution. L. J. First, identify the 'article of manufacture' to which the infringed design has been applied. However, because the Court finds the United States' articulation of this factor preferable, the Court declines to adopt Apple's first factor as written and instead adopts the United States' fourth factor, as explained in more detail below. Samsung relied on Bush & Lane Piano Co. v. Becker Bros., 222 F. 902 (2d Cir. . It went from being an ally to a fierce enemy. 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. He worked secretly on the first iPhone and launched it in 2007. Id. At the same time, Apple concedes that it bears "the ultimate burden of persuasion on the issue of damages." Apple vs Samsung Presentation - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. A California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. In 2012, Apple was victorious in an initial verdict in a case that targeted over one dozen Samsung phones. Samsung paid $1 billion in compensation to the iPhone designer. On remand, Samsung sought a new trial on design patent damages on the ground that, in light of the U.S. Supreme Court's interpretation of "article of manufacture" in this case, this Court provided legally erroneous instructions to the jury that prejudiced Samsung. However, had the Court not excluded Proposed Jury Instruction 42.1, Samsung could have made such arguments in its closing. Hunter v. Cty. How? 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. 673 at 15 (order by Magistrate Judge Paul Grewal holding that Samsung has previously withheld relevant information on the "selling price per accused product, gross margin, expenses and operating profit"); ECF No. At the same time, the Court agrees with Samsung that "[t]he statute cannot be administered without first ascertaining the scope of the design claimed by the patent." As this example of negotiation in business suggests, mediation as a dispute resolution technique between business negotiators is far less likely to succeed when the parties are grudging participants than when they are actively engaged in finding a solution. The two companies have different business models. The infringed design patents claim certain design elements embodied in Apple's iPhone. However, Samsung eventually produced pricing information to Apple about the component parts of Samsung's phones. C'est ce dernier que nous testons ici. at 9. That too started from a garage and managed to become the most recognizable company in the world. The United States proposed that the U.S. Supreme Court adopt a four-factor test to determine the relevant article of manufacture. On September 28, 2017, the parties submitted cross-responses. Accordingly, the defendant must bear the burden of production on any deductible costs that it argues should be subtracted from the profits proved by plaintiff. How Apple avoided Billions of Dollars of Taxes? Cusumano, M 2013, 'The Apple-Samsung lawsuits', Communications of the ACM, vol. . . ." Its anti-yellowing crystal clear back protects the phone from daily drops and bumps with a TPU bumper and hard PC back. Think about this, the first computer was built in 1822, by a smart human called Charles Babbage. In 2007 the first iPhone was unveiled to the world. 287(a) (predicating infringement damages in certain circumstances on proof that "the infringer was notified of the infringement and continued to infringe thereafter"). Cir. So much so, that the computer that once occupied a whole room by itself, now sits in your hand. Supreme Court Decision, 137 S. Ct. at 432. 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. All Rights Reserved. Back in April 2011, Apple had filed a lawsuit accusing Samsung of copying the look and feel of the iPhone when the Korean company created its Galaxy line of phones. Arguably, the need to produce an advanced cellphone that could do much more than just make or receive a phone call motivated the two companies to improve their products. APPLE INC., Plaintiff, v. SAMSUNG ELECTRONICS CO. LTD., et al., Defendants. The testimony about the various components of the phones at issue, together with the design patents themselves, is enough to support Proposed Jury Instruction 42.1. c. Legal Error in the Proposed Instruction Would Not Have Excused the Court From Properly Instructing the Jury. 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. 543 F.3d at 678, 681, 683. Supreme Court Decision, 137 S. Ct. at 433 (quoting 24 Stat. Conclusion: In conclusion, both devices come at a close tie and both are recommended for productivity users who need a business tablet. at 7. Samsung "Absent some reason to believe that Congress intended otherwise . When negotiators feel they have spent significant time and energy in a case, they may feel they have invested too much to quit. One of Samsung's expert reports written by Michael Wagner, which Samsung filed as part of its motion for summary judgment, included a damages theory that would have awarded Apple less profit than the entire profit on Samsung's infringing phones. The Instructions Did Not Properly State the Law. Id. at 19. Merrick v. Paul Revere Life Ins. 56, no. As a result, on March 22, 2016, this Court vacated the March 28, 2016 trial and stayed the case. Id. Samsung Opening Br. . 1966, 49th Cong. The jury's decision is the latest step in a long-running . 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? Samsung disagrees. Samsung countersued, and the case went to preliminary in August 2012. at 23. Apple contends that if the plaintiff has made an initial showing as to the relevant article of manufacture, and if the defendant disputes the relevant article of manufacture, the burden of production then shifts to the defendant to come forward with evidence to support its alternative article of manufacture. "), 5:1-5:2 (Apple's counsel: "And [Apple's test is] very close to the Solicitor General's four factors, so we think we could live with that. Is Filing A Provisional Patent Application A Smart Decision? Oct. 22, 2017). Your email address will not be published. Nothing in the text of 289 suggests that Congress contemplated the defendant bearing any burden. The Court addresses these factors in turn. Id. Cal., 508 U.S. 602, 626 (1993); Campbell v. United States, 365 U.S. 85, 96 (1961)). 3017. 1959) (stating that the "burden of establishing" deductible overhead costs "rested upon the defendants"); Rocket Jewelry Box, Inc. v. Quality Int'l Packaging, Ltd., 250 F. Supp. Under the US patent laws, the harm of infringing a design patent does not agree with the impairment calculation for infringing a utility patent. 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. Case No. More specifically, a judgment may be altered based on an erroneous jury instruction by a party if "(1) [the party] made a proper and timely objection to the jury instructions, (2) those instructions were legally erroneous, (3) the errors had prejudicial effect, and (4) [the party] requested alternative instructions that would have remedied the error." 2000)), abrogated on other grounds as recognized in Avid Tech., Inc. v. Harmonic, Inc., 812 F.3d 1040, 1047 (Fed. Samsung Opening Br. Apple was extremely infuriated with this and dragged the matter into court, showcasing that the company is super sensitive about this issue. 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." . See ECF No. at 19. 2369. Type of paper: Essay. The defendant then bore "the burden of proving that the article of manufacture [wa]s something less than the entire product." As the U.S. Supreme Court has explained, Congress enacted the predecessor to 289 in 1887 in response to the U.S. Supreme Court's decisions in what are known as the Dobson cases. Moreover, as Samsung points out, "[p]lacing the burden of identifying the correct article of manufacture on the patent plaintiff also corresponds with the analogous law of utility-patent damages for multicomponent products, where the patent plaintiff similarly must prove the correct component to be used as a royalty base . denied, 129 S. Ct. 1917 (2009); Avid Identification Sys., Inc. v. Global ID Sys., 29 F. App'x 598, 602 (Fed. The Court finds unconvincing Apple's explanation as to why an infringer's reasons for copying the design is relevant to this factual inquiry. The United States does not advocate shifting the burden of persuasion to the defendant. 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. Universe, which many consider an immediate opponent of the apple company iPhone. ECF No. Great! 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 jury in the partial retrial on damages awarded Apple $290,456,793, which the district court upheld over Samsung's second post-trial motion. In Negotiation, How Much Do Personality and Other Individual Differences Matter? 2004) (unpublished); Bergstrom v. Sears, Roebuck & Co., 496 F. Supp. Conclusion Samsung's advantages over Apple: More advanced specifications. The icons on the iPhone were strikingly similar to those in Samsungs phone. Moreover, it just sits on our palms for a long time now as our screen times jump. 2015) ("Federal Circuit Appeal"). It's claiming the bezel and the front face."). Reasons why Apple is dominating wearables industry. Overall, the Court's allocation of the burdens of persuasion and production is consistent with how the court in Columbia Sportswear instructed the jury in that case. The trial would begin on March 28, 2016. 1st Sess., 1 (1886)); see also Supreme Court Decision, 137 S. Ct. at 433 (citing S. REP. NO. | Apple Tax Avoidance Strategy. This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School. See Supreme Court Decision, 137 S. Ct. at 432. So did Apple. One significant negotiation to observe happened in August 2012. Apple and the United States argue that a burden-shifting framework would be consistent with the principle that the party with superior knowledge of or access to the relevant facts should bear the burden of proving those facts. at 33. Instead of requiring proof that profits were attributable to the patented design, the predecessor to 289 allowed the patentee to recover "the total profit" made by the infringer from the "manufacture or sale . Id. "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." Apple proposed a licensing deal for Samsung for the patents and trademarks. 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." Samsung ofcourse declined the offer, stating that the company hasn't done anything wrong and is not involved in copying Apple or violating any of the trademarks mentioned in the lawsuit. 219, 223 & n.19 (2013) (explaining history of knowledge requirement). See DX2519 at 5-11. Apple vs. Samsung: A Case Study on the Biggest Tech Rivalry Nov 11, 2021 9 min read Humans are amazing animals, I mean we are smart and can do almost anything. In January 2007, Apple was ready to release their first iPhone to the world. From that event, Samsung dared from being a supplier of technological equipment to a competitor in market share. As we've mentioned, this involves comparing flagship phones by the two manufacturers. But with its S23 series, and more specifically the Galaxy S23 Ultra, Samsung upped its game quite significantly. Apple's "conservative" contention is that 10.5% of all infringing tablet sales made by Samsung would have . Nokia and Motorola dominated the mobile phone market before Apple and Samsung became the worlds largest smartphone manufacturers. Later the company saw the most profits from smartphone sales. See, e.g., ECF No. Samsung Opening Br. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Understanding how to arrange the meeting space is a key aspect of preparing for negotiation. Had the Court agreed to give some version of Proposed Jury Instruction 42.1, Samsung could have identified a smaller article of manufacture in its closing argument. Your billing info has been updated. iPhones have usually enjoyed more praise than their Samsung counterparts in terms of sheer photo quality, image consistency, and video quality. Apple asserts that the same burden-shifting scheme applies to the calculation of total profit. An appeals court ruled Apple could not legally trademark the iPhone's appearance in May of 2015, which meant Samsung was forced to pay only around $548 million. PON Program on Negotiation at Harvard Law School - https://www.pon.harvard.edu, By Brief for United States as Amicus Curiae Supporting Neither Party ("U.S. In the ongoing war between Apple and Samsung, no matter who emerges as the winner, the consumer will continue to lose unless the companies agree on having a healthy competition and offering their best products. 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. when Samsung lacked notice of some of the asserted patents. 1057, 1157 ("Samsung's opposition cites no legal basis for Mr. Wagner's apportionment of damages, in clear contravention of 35 U.S.C. See ECF No. Corp., 890 F.2d 1215, 1232 (D.C. Cir. In 1938, Lee Byung-Chul dropped out of college and founded a small business he named Samsung Trading Co. 880 at 10-14 (Magistrate Judge Grewal imposing sanctions for Samsung's delay in providing documents including the "'costed bills of materials' for the accused products"). What to Know About Mediation, Arbitration, and Litigation, These Examples Illustrate the Importance of Negotiation in Business, Article: Negotiation and Nonviolent Action: Interacting in the World of Conflict, Famous Negotiators Feature in Top Negotiations of 2012, Dealing with Difficult People: Dealing with an Uncooperative Counterpart, the importance of negotiation in business, Learn More about Negotiation and Leadership, Learn More about Harvard Negotiation Master Class, Learn More about Negotiation Essentials Online, Negotiation Essentials Online (NEO) Spring and Summer 2023 Program Guide, Negotiation and Leadership Fall 2023 Program Guide, Negotiation Master Class May 2023 Program Guide, Negotiation and Leadership Spring and Summer 2023 Program Guide, Overcoming Cultural Barriers in Negotiation, Negotiation Training: How Harvard Negotiation Exercises, Negotiation Cases and Good Negotiation Coaching Can Make You a Better Negotiator, Power in Negotiations: How to Maximize a Weak BATNA, How Negotiators Can Stay on Target at the Bargaining Table. Apple's argument in favor of shifting the burden of persuasion is unconvincing. First, Samsung explained that "Samsung previously cited a number of cases, including [the Piano cases] . The Court excluded Proposed Jury Instruction 42.1. Sometimes companies copy some famous brands product look and hope to generate sales. Apple spends billions on Samsung flash memory, screens, processors, and other components. The question before us is whether that reading is consistent with 289. Apple argues that it would be appropriate to shift the burden of persuasion to identify the relevant article of manufacture on the defendant because the defendant has superior knowledge of the infringing product's components. Id. Two years later, in 2009 Samsung came up with a touchscreen device for their market running on Google's android system. Dealing with Difficult People and Negotiation: When Should You Give Up the Fight? It was an instant hit. ECF No. It has been revolutionizing personal tech for decades. 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. 1612 at 1367 (Apple expert Susan Kare stating that the D'305 patent is limited to "the rectangular area" represented by the phone's screen). 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. 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. The first lawsuit demanded 2.5 billion dollars in damages from Samsung. Test results show that A14 takes the cake in most iPhone vs. Galaxy benchmarks, but the SnapDragon 888 . Id. . (forthcoming) (manuscript as of Sept. 4, 2017 at 68 & nn.419-20) (https://ssrn.com/abstract=2850604); H.R. 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. ECF No. Samsung Response at 4. Federal Circuit Remand Decision, 678 F. App'x at 1014. of Oral Arg. 1978); see Galdamez v. Potter, 415 F.3d 1015, 1023 (9th Cir. See Supreme Court Decision, 137 S. Ct. at 432-33. What is Crisis Management in Negotiation? Apple urges the Court to adopt a burden-shifting framework for both identifying the relevant article of manufacture and proving total profit on the sale of that article, whereby the "plaintiff bears the initial burden of proving that the defendant applies the patented design to a product that was sold and further proving revenues from the sale." 1903 at 72 (jury instruction from 2012 trial assigning Samsung the burden of proving deductible expenses); ECF No. Apple Opening Br. Br., 2016 WL 3194218, at *30-31. Id. They began to work on the Macintosh. All rights reserved. Accordingly, the Court addresses those factors in the next section. August 2011: Apple sued Samsung for patent infringement through its products, including the Samsung Galaxy Tab 10.1. In part because Apple and Samsung are also long-time partners. The Instructions Were Legally Erroneous. -Dhani, Adeena, Shubham, Rishabh (ICT Licensing) and the Editorial Team, Your email address will not be published. Both sides had said they hoped to avoid a legal battle. 2014-1335, 2014-1368, 2014 WL 2586819 (Fed. See Apple Opening Br. At oral argument on October 11, 2016, Samsung abandoned its apportionment argument, and thus interpretation of the term "article of manufacture" was the only issue before the U.S. Supreme Court. Id. Hearing Tr. 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. The Court Rule and Afterwards 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." The Patent Act of 1952 codified that "total profit" remedy for design patent infringement in 289, see id., and the Federal Circuit in Nike affirmed that 289 did not require apportionment, see 138 F.3d at 1441-43. Cir. "In Dobson v. Hartford Carpet Co., the lower courts had awarded the holders of design patents on carpets damages in the amount of 'the entire profit to the [patent holders], per yard, in the manufacture and sale of carpets of the patented designs, and not merely the value which the designs contributed to the carpets.'" Nonetheless, all of the five forces influence the . smartphones resemble the iPhone 3g and iPhone 3gs in shape). 4:17-4:18 (Apple's counsel: "I think adopting that test would be fine with Apple. APPLE INC. v. SAMSUNG ELECTRONICS CO., LTD. 7 . 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. Apple cites no authority in its briefs to support the inclusion of this factor. Cir. 2009) (quoting Dang v. Cross, 422 F.3d 800, 811 (9th Cir. Cir. at 7-8. 2d 333, 341 (S.D.N.Y. Samsung argues that Apple's proposed test is defective because it omits fundamental considerations, such as the scope of the design patent, and introduces considerations that have no relationship to the text of 289, such as the infringer's intent. Such a shift in the burden of production is also consistent with the lost profits remedy under 35 U.S.C. The companies showed some willingness to compromise in an effort to avoid going to court: at the California courts suggestion, they cut the number of disputed patents in half. Instead, "[i]f a party's proposed instruction has brought an 'issue . 1. Hunter, 652 F.3d at 1235 n.11. 1999)). Id. Though Samsung defended itself and the injunction was reduced to German markets, it was still a big win for Apple. The plaintiff bears the burden of persuasion in proving the relevant article of manufacture and in proving the amount of defendant's total profit under 289. Know the reasons why Apple is dominating the wearable industry. See ECF No. --------. Samsung, as it saw handsome revenues in the smartphones segment, mocked Apple in many ways. Apple Response at 1, 4-5. 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. 2016) Rule: . Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School. 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." If the plaintiff satisfies its burden of production on these issues, the burden of production shifts to the defendant to come forward with evidence of an alternative article of manufacture and any deductible expenses. Co., 500 F.3d 1007, 1017 (9th Cir. . 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. Conversely, Apple's fourth proposed factor, the infringer's intent in copying the patented design, finds no support in the text of the statute. First, it argued that Samsung's sales eroded Apple's design and brand distinctiveness, resulting in a loss of goodwill. 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. Samsung cites three categories of evidence to show that the jury could have found an article of manufacture that was less than the entirety of each infringing Samsung phone. Samsung Galaxy phone was the first touchscreen phone in the Samsung product line and it looked mostly the same as the newly launched iPhone. With respect to multicomponent products, the United States argued that in some instances, "the finished product as sold in commerce is most naturally viewed as the article to which the patented design is 'applied.'" In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiators success. As relevant here, Apple obtained the following three design patents: (1) the D618,677 patent (the "D'677 patent"), which covers a black rectangular front face of a phone with rounded corners; (2) the D593,087 patent (the "D'087 patent"), which covers a rectangular front face of a phone with rounded corners and a raised rim; and (3) the D604,305 patent (the "D'305 patent"), which covers a grid of 16 colorful icons on a black screen. The plaintiff also shall bear an initial burden of production on identifying the relevant article of manufacture and proving the amount of total profit on the sale of that article. Conclusion In conclusion the issues or problems has been shown . Apple also contends that the jury would not have been able to calculate Samsung's total profit on a lesser article of manufacture because Samsung never identified any lesser article of manufacture for the jury and never identified any amount of profits that the jury could have attributed to these lesser articles. 2) Accused of imitating the iconic iPhone's shape which in official terms is called as "tradedress" (e.g. Apple iPhone was launched in 2007 and two years later, in 2009, Samsung released their first Galaxy phone on the same date. 3509 at 32-33. We have grown from that time at a rapid scale and efficiency, we have seen multifold growth in technology. Thus, the U.S. Supreme Court rejected a per se rule that the relevant article of manufacture is always the product sold to the consumer. 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. 2007). Micro Chem., Inc. v. Lextron, Inc., 318 F.3d 1119, 1122 (Fed. Supreme Court Decision, 137 S. Ct. at 434. Gershon, R 2013, 'Digital media innovation and the Apple iPad: Three . First, Samsung argued that "[t]he damages . "An error in instructing the jury in a civil case requires reversal unless the error is more probably than not harmless." 2131 at 4. Your email address will not be published. First, a defendant will seek to prove an alternative article of manufacture to lower the amount of total profit. 1, pp. Id. at 433 (quoting Dobson v. Hartford Carpet Co., 114 U.S. at 444). Id. 1611 at 1014-15 (Apple's expert Peter Bressler stating that "all [the D'677 patent is] claiming is that front face"). We hold that it is not." In this case, Proposed Jury Instruction 42.1 raised the issue of whether the proper article of manufacture for Samsung's phones was the "product sold to a consumer [or] a component of that product." See ECF No. The user market is much skewed in different directions. A major part of Apple's revenue comes from them. According to Walter Issacson, Steves biographer, He wanted to start a thermonuclear war against Android in this case of plagiarism and copying apples authenticity. Brief Overview of the Firms. 3528 at 22:9-22:18, 23:2-23:7, 23:19-23:23, 24:8-24:10 ("Hearing Tr. In Samsung's reply brief in support of its motion for judgment as a matter of law, Samsung argued that Apple "fail[ed] to offer any evidence that [the profits awarded in the instant case] are the profits from the 'article of manufacture' at issue, which is the phones' outer casings or GUI." I think adopting that test would be fine with Apple in nine.! That test would be fine with Apple think adopting that test would be fine with Apple article of manufacture lower. Concedes that it bears `` the ultimate burden of persuasion to the world, much... To generate conclusion of apple vs samsung case and recurrent corp., 890 F.2d 1215, 1232 ( D.C. Cir `` [ I f... 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