Apple’s design patent suit against Samsung certainly has earned its newsworthy status. Take the two biggest players in the booming smartphone market, lock them in protracted and heated battle, and slap one with a staggering $400 million in damages, and you have the makings for the design patent case of the century. In fact, this literally is the first Supreme Court design patent case in a century.
With a setup like this, you might expect the U.S. Supreme Court to issue a larger-than-life decision to settle the law and explain how design patent damages are supposed to work. Something like a Philips or a Graver Tank. Maybe even a modern version of a Graham v. John Deere, 383 U.S. 1 (1966). An epic decision to match the theatrics of the case. Something to settle the law and give us confidence in the patent system.
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