美国东部时间9月26日,美国联邦*高法院(高院)批准**政府律师(Solicitor General)[1]代表美国联邦政府介入苹果和三星就外观**展开的拉锯战[2]。 苹果和三星的**纠纷一直是业界高度关注的案子,七星天也推送过相关的报道。今天,我们将继续为您探讨这场横跨了5年的**纠纷
The government said that, although Section 289 entitles a patent holder to recover the infringer’s “total profit” on the“article of manufacture” to which the design was applied, the “article of manufacture” will not always be the finished product that is sold in commerce. Instead, the DOJ said, the relevant article will sometimes be a component of the final product, in which cases the patentee is only entitled to recover the infringer’s total profit for the specific component.
“When there is infringement of a design patent in a complex product, damages should be awarded on a proportional basis to the value of the designs that were infringed, as opposed to the entire value of the whole product.”
Apple has admitted in its latest filing that when a patented design is applied only to a component of a product.