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This week, we are hosting a symposium before oral argument on March 4 in June Medical Services v. Gee. Click to read the contributions.

Samsung Electronics Co. v. Apple

Docket No. Op. Below Argument Opinion Vote Author Term
15-777 Fed. Cir. Oct 11, 2016
Tr.Aud. 		Dec 6, 2016 8-0 Sotomayor OT 2016

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case.

Holding: In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under Section 289 of the Patent Act need not be the end product sold to the consumer but may be only a component of that product.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Sotomayor on December 6, 2016.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 19 2015Application (15A421) to extend the time to file a petition for a writ of certiorari from November 11, 2015 to December 14, 2015, submitted to The Chief Justice.
Oct 20 2015Application (15A421) granted by The Chief Justice extending the time to file until December 14, 2015.
Dec 14 2015Petition for a writ of certiorari filed. (Response due January 15, 2016)
Dec 21 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jan 4 2016Order extending time to file response to petition to and including February 16, 2016.
Jan 14 2016Brief amici curiae of Public Knowledge, et al. filed.
Jan 15 2016Brief amici curiae of The Hispanic Leadership Fund, et al. filed.
Jan 15 2016Brief amici curiae of Dell Inc., et al. filed.
Jan 15 2016Brief amici curiae of 37 Intellectual Property Professors filed.
Jan 15 2016Brief amicus curiae of The Computer & Communications Industry Association filed.
Jan 15 2016Brief amicus curiae of Systems, Inc. filed.
Feb 3 2016Brief of respondent Apple Inc. in opposition filed.
Feb 16 2016Reply of petitioner Samsung Electronics Co., Ltd. filed.
Feb 17 2016DISTRIBUTED for Conference of March 4, 2016.
Mar 14 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016Petition GRANTED limited to Question 2 presented by the petition.
Apr 5 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 1, 2016.
Apr 5 2016The time to file respondent's brief on the merits is extended to and including July 29, 2016.
May 18 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jun 1 2016Joint appendix filed. (2 Volumes)
Jun 1 2016Brief of petitioners Samsung Electronics Co., Ltd., et al. filed.
Jun 7 2016Brief amici curiae of Public Knowledge, et al. filed.
Jun 8 2016Brief amicus curiae of the United States in support of neither party filed.
Jun 8 2016Brief amicus curiae of BSA I The Software Alliance in support of neither party filed.
Jun 8 2016Brief amicus curiae of Nike, Inc. in support of neither party filed.
Jun 8 2016Brief amicus curiae of Software Freedom Law Center filed.
Jun 8 2016Brief amici curiae of The Internet Association, et al. filed.
Jun 8 2016Brief amicus curiae of The Computer & Communications Industry Association filed.
Jun 8 2016Brief amicus curiae of Association of the Bar of the City of New York in support of neither party filed.
Jun 8 2016Brief amici curiae of Engine Advocacy and Shapeways, Inc. filed.
Jun 8 2016Brief amici curiae of 50 Intellectual Property Professors, David Abrams, et al. filed.
Jun 8 2016Brief amicus curiae of Industrial Designers Society of America in support of neither party filed.
Jun 8 2016Brief amici curiae of The Hispanic Leadership Fund, et al. filed.
Jul 13 2016SET FOR ARGUMENT on Tuesday, October 11, 2016.
Jul 22 2016Record requested from U.S.C.A. Federal Circuit.
Jul 22 2016Records received from U.S.C.A. Federal Circuit is electronic and located on PACER. Also received is a confidential Joint Appendix not available on PACER is also electronic.
Jul 22 2016Record received from U.S.D.C. Northern District of California is electronic and located on PACER.
Jul 29 2016Brief of respondent Apple Inc. filed.
Aug 4 2016Brief amici curiae of 113 Distinguished Industrial Design Professionals and Educators filed.
Aug 4 2016Brief amicus curiae of American Intellectual Property Law Association filed.
Aug 5 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 5 2016Brief amicus curiae of Crocs, Inc. filed. (Distributed).
Aug 5 2016Brief amicus curiae of Nordock, Inc. filed. (Distributed)
Aug 5 2016Brief amici curiae of Tiffany and Company, et al. filed. (Distributed)
Aug 5 2016Brief amicus curiae of Boston Patent Law Association filed. (Distributed)
Aug 5 2016Brief amici curiae of Intellectual Property Professors filed. (Distributed).
Aug 5 2016Brief amicus curiae of ACT | The App Association filed. (Distributed)
Aug 5 2016Brief amici curiae of Bison Designs, LLC, et al. filed. (Distributed)
Aug 5 2016Brief amicus curiae of Roger Cleveland Golf Company, Inc. filed. (Distributed)
Aug 9 2016CIRCULATED
Aug 29 2016Reply of petitioners Samsung Electronics Co., Ltd., et al. filed. (Distributed)
Sep 26 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 11 2016Argued. For petitioners: Kathleen M. Sullivan, New York, N. Y. For United States, as amicus curiae: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Seth P. Waxman, Washington, D. C.
Dec 6 2016Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jan 9 2017JUDGMENT ISSUED.
 
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