Design Patent War: Apple versus Samsung

Narumon Saardchom

South Asian Journal of Business and Management Cases, 2014, vol. 3, issue 2, 221-228

Abstract: High-technology companies that have brought innovation to the market also use their innovation to claim their intellectual property rights around the world. In 2011, Apple Inc. started to claim its design patent over Samsung Electronics Company in the Unites States (US) court and the disputes then expanded to more than 50 lawsuits in numerous courts around the world, and became a design patent war. The amount of damages in a US verdict was the largest design patent infringement jury award of all time—US$ 1.05 billion, the amount by which most companies would become bankrupt by a single infringement. A design patent war like Apple versus Samsung lawsuits showed that design patent has seized centre stage of modern battle. In addition, it signified that any company must seriously incorporate design patent issue into its intellectual property portfolio. The dispute also revealed an interesting unclear boundary of design infringement that could impact the level of legal risk for every related industry.

Keywords: Design patent; intellectual property; legal risk; Apple; Samsung; ornamental design; ordinary observer (search for similar items in EconPapers)
Date: 2014
References: View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://journals.sagepub.com/doi/10.1177/2277977914548341 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sae:sajbmc:v:3:y:2014:i:2:p:221-228

DOI: 10.1177/2277977914548341

Access Statistics for this article

More articles in South Asian Journal of Business and Management Cases
Bibliographic data for series maintained by SAGE Publications ().