Apple, Samsung & Design Patent Claim ConstructionPatentlyO (2016)
In its recently-filed cert petition, Samsung makes some particularly interesting arguments about design patent claim construction. Specifically, Samsung argues “that district courts have a duty to construe [design] patent claims and eliminate unprotected features” under Markman and that the Federal Circuit has erred in “allow[ing] district courts . . . to decline to provide any meaningful claim construction.” To put these arguments in context, a bit of background is in order.
Publication DateJanuary 4, 2016
Citation InformationSarah Burstein. "Apple, Samsung & Design Patent Claim Construction" PatentlyO (2016)
Available at: http://works.bepress.com/sarah_burstein/37/