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

Date	Proceedings and Orders (key to color coding)
Oct 19 2015	Application (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 2015	Application (15A421) granted by The Chief Justice extending the time to file until December 14, 2015.
Dec 14 2015	Petition for a writ of certiorari filed. (Response due January 15, 2016)
Dec 21 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jan 4 2016	Order extending time to file response to petition to and including February 16, 2016.
Jan 14 2016	Brief amici curiae of Public Knowledge, et al. filed.
Jan 15 2016	Brief amici curiae of The Hispanic Leadership Fund, et al. filed.
Jan 15 2016	Brief amici curiae of Dell Inc., et al. filed.
Jan 15 2016	Brief amici curiae of 37 Intellectual Property Professors filed.
Jan 15 2016	Brief amicus curiae of The Computer & Communications Industry Association filed.
Jan 15 2016	Brief amicus curiae of Systems, Inc. filed.
Feb 3 2016	Brief of respondent Apple Inc. in opposition filed.
Feb 16 2016	Reply of petitioner Samsung Electronics Co., Ltd. filed.
Feb 17 2016	DISTRIBUTED for Conference of March 4, 2016.
Mar 14 2016	DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016	Petition GRANTED limited to Question 2 presented by the petition.
Apr 5 2016	The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 1, 2016.
Apr 5 2016	The time to file respondent's brief on the merits is extended to and including July 29, 2016.
May 18 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jun 1 2016	Joint appendix filed. (2 Volumes)
Jun 1 2016	Brief of petitioners Samsung Electronics Co., Ltd., et al. filed.
Jun 7 2016	Brief amici curiae of Public Knowledge, et al. filed.
Jun 8 2016	Brief amicus curiae of the United States in support of neither party filed.
Jun 8 2016	Brief amicus curiae of BSA I The Software Alliance in support of neither party filed.
Jun 8 2016	Brief amicus curiae of Nike, Inc. in support of neither party filed.
Jun 8 2016	Brief amicus curiae of Software Freedom Law Center filed.
Jun 8 2016	Brief amici curiae of The Internet Association, et al. filed.
Jun 8 2016	Brief amicus curiae of The Computer & Communications Industry Association filed.
Jun 8 2016	Brief amicus curiae of Association of the Bar of the City of New York in support of neither party filed.
Jun 8 2016	Brief amici curiae of Engine Advocacy and Shapeways, Inc. filed.
Jun 8 2016	Brief amici curiae of 50 Intellectual Property Professors, David Abrams, et al. filed.
Jun 8 2016	Brief amicus curiae of Industrial Designers Society of America in support of neither party filed.
Jun 8 2016	Brief amici curiae of The Hispanic Leadership Fund, et al. filed.
Jul 13 2016	SET FOR ARGUMENT on Tuesday, October 11, 2016.
Jul 22 2016	Record requested from U.S.C.A. Federal Circuit.
Jul 22 2016	Records 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 2016	Record received from U.S.D.C. Northern District of California is electronic and located on PACER.
Jul 29 2016	Brief of respondent Apple Inc. filed.
Aug 4 2016	Brief amici curiae of 113 Distinguished Industrial Design Professionals and Educators filed.
Aug 4 2016	Brief amicus curiae of American Intellectual Property Law Association filed.
Aug 5 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 5 2016	Brief amicus curiae of Crocs, Inc. filed. (Distributed).
Aug 5 2016	Brief amicus curiae of Nordock, Inc. filed. (Distributed)
Aug 5 2016	Brief amici curiae of Tiffany and Company, et al. filed. (Distributed)
Aug 5 2016	Brief amicus curiae of Boston Patent Law Association filed. (Distributed)
Aug 5 2016	Brief amici curiae of Intellectual Property Professors filed. (Distributed).
Aug 5 2016	Brief amicus curiae of ACT \| The App Association filed. (Distributed)
Aug 5 2016	Brief amici curiae of Bison Designs, LLC, et al. filed. (Distributed)
Aug 5 2016	Brief amicus curiae of Roger Cleveland Golf Company, Inc. filed. (Distributed)
Aug 9 2016	CIRCULATED
Aug 29 2016	Reply of petitioners Samsung Electronics Co., Ltd., et al. filed. (Distributed)
Sep 26 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 11 2016	Argued. 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 2016	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jan 9 2017	JUDGMENT ISSUED.

Featured Posts

Battle over border wall comes to the court – Amy Howe

Trump administration ends effort to include citizenship question on 2020 census – Amy Howe

Tom Goldstein and Sarah Harrington review past Supreme Court term with Casetext’s Laura Safdie – SCOTUStalk
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The justices are on their summer recess.
Major Cases
- Department of Commerce v. New York
  The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Kisor v. Wilkie
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Rucho v. Common Cause
  Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Lamone v. Benisek Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- Department of Commerce v. New York The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Mitchell v. Wisconsin The Wisconsin Supreme Court’s judgment – affirming the drunk-driving convictions of Gerald Mitchell, who was administered a warrantless blood test while he was unconscious – is vacated, and the case is remanded.
- Rucho v. Common Cause Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 67

Summary reversals 5

Merits cases granted to date 74

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Majority Opinions by Author
Voting Breakdown Argued Cases

Calendar: July 2019
Full Calendar Submit Event

July 2019

Su Mo Tu We Th Fr Sa

1

2

3

4
Holiday

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31
- Orders/Opinions
- Arguments
- Conferences
- Events
- Holidays
- Multiple

Su	Mo	Tu	We	Th	Fr	Sa
	1	2	3	4 Holiday	5	6
7	8	9	10	11	12	13
14	15	16	17	18	19	20
21	22	23	24	25	26	27
28	29	30	31

Download our App in the Apple Store
Videos see all

Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	67
Summary reversals	5
Merits cases granted to date	74

Samsung Electronics Co. v. Apple

SCOTUSblog Coverage

Featured Posts

Battle over border wall comes to the court – Amy Howe

Trump administration ends effort to include citizenship question on 2020 census – Amy Howe

Tom Goldstein and Sarah Harrington review past Supreme Court term with Casetext’s Laura Safdie – SCOTUStalk

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Majority Opinions by Author

Voting Breakdown Argued Cases

Calendar: July 2019

July 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award