Eldredge Law Firm
Free Initial Consultation
Call Now
682-990-2073
Menu Contact
View Our Practice Areas

Default Template

The United States Supreme Court has agreed to hear the ongoing case between Samsung and Apple. Samsung filed an appeal regarding the decision made by the U.S. Federal Circuit Court of Appeals that was handed down in 2015. The question is whether traditional patent law should apply to the tech industry, which uses numerous patents to create just one product.

However, the ruling in this case could affect more than just the tech industry since it could create ripple effects that will be felt in businesses here in Texas and across the country. The Court of Appeals ruled that "design patents" -- which typically have to do with the appearance of a product -- that are infringed upon entitle the holders of those patents to recover all of the profit made by the company that used them without first obtaining permission to do so and/or compensating the patent holders. When the law was passed in the 1800s, one design patent would often represent the entire product. 

Today, approximately 250,000 patents are applicable to a typical smartphone. Under the ruling of the Court of Appeals, the infringement of even one of those quarter of a million patents would mean that patent holder could recover the total amount of profits earned by the party accused of infringing the patent. Obviously, Samsung does not believe that it should have to turn over all of its profits from the sale of smartphones that included Apple's patents.

This ruling sent shock waves through the tech industry for obvious reasons. It might not be surprising to any entrepreneur here in Texas that all eyes will be on the U.S. Supreme Court when it issues its ruling on this case. The current patent law might require some changes in order to keep up with the times, but for the time being, that determination rests with the country's highest court.

Source: recode.net, "Startups should be watching as the Supreme Court decides Samsung v. Apple", Evan Engstrom, July 1, 2016

No Comments

Leave a comment
Comment Information

Learn More About How We Can Help Your Patent

Email us for a response

Get A Free Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Eldredge Law Firm is a Nationwide Intellectual Property Practice

We have convenient offices in Fort Worth, Plano, Mansfield, Allen and Arlington, Texas. We also have offices in Salt Lake City and Sandy.

Plano Office
5068 W. Plano Parkway
Suite 300
Plano, TX 75093

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 214-306-9771
Map & Directions

Fort Worth Office
777 Main Street
Suite 600
Fort Worth, TX 76102

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 817-406-5919
Map & Directions

Mansfield Office
990 Highway 287 North
Suite 106-199
Mansfield, TX 76063

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 817-406-5919
Map & Directions

Allen Office
1333 McDermott Drive
Suite 150
Allen, TX 75013

Toll Free: 800-653-6423
Phone: 682-990-2073
Phone: 214-306-9771
Map & Directions

Arlington Office
2000 East Lamar Boulevard
Ste. 600
Arlington, TX 76006

Phone: 817-406-5919
Map & Directions

Denver Office
600 17th Street
Suite 2800
Denver, Co 80202

Map & Directions

Sugar Land Office
3 Sugar Creek Center Blvd
Suite 100
Sugar Land, TX 77478

Phone: 713-234-1364
Map & Directions

Dallas Office
8117 Preston Road
#300
Dallas, Texas 75225

Map & Directions

Denver Office
7900 E. Union Ave
Suite 1100
Denver, CO 80237

Map & Directions

Houston Office
11811 North Fwy
Suite 500
Houston, TX 77060

Phone: 713-234-1364
Map & Directions

Dallas Office
3131 McKinney Ave.
Suite 600
Dallas, TX 75204

Map & Directions