Law360 quoted Manatt's Yasser El-Gamal, co-chair of the firm's Intellectual Property practice, for an article on the Supreme Court's pending ruling on design patent damages in Apple v. Samsung. Samsung is asking the Supreme Court to apply the same damages standard to design patents that is used for utility patents, in which courts must apportion the damages based on the value of the infringing feature.
"The hurdle here is the specific statutory language that seems to create an obstacle to that goal," said El-Gamal. "There is wiggle room, it just depends on how much wiggle room the Supreme Court thinks they have with this statutory language."
Read the article here.