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Derek F. Dahlgren

is an attorney at Rothwell, Figg, Ernst & Manbeck P.C. Mr. Dahlgren’s practice encompasses all aspects of patent law including patent litigation, contested proceedings at the PTO, reexamination, prosecution, opinions and counseling. The opinions expressed are those of the author and do not necessarily reflect the views of Rothwell, Figg, Ernst & Manbeck, P.C. or its clients. Mr. Dahlgren’s articles are for general information purposes and are not intended to be and should not be taken as legal advice.

Recent Articles by Derek F. Dahlgren

The Saga Continues: Apple v. Samsung, Next Stop Supreme Court

Apple v. Samsung is not over. Samsung has stated it is going to file a petition for certiorari later this year with the Supreme Court. In its petition, Samsung is likely to challenge, among other things, the Federal Circuit’s analysis of the district court’s claim construction and what these design patents truly cover. Samsung likely will also challenge the award of hundreds of millions of dollars (the total profits Samsung received on the phones found to be infringing). If the Supreme Court takes the case the Court will be presented with novel and important legal questions that may affect the damages award, both the underlying finding of liability and the proper measure of damages. Additionally, the foundation of Apple’s damages award is crumbling at the Patent Office, with one of the key design patents being rejected on multiple grounds.

Teva and What It Means for Apple v. Samsung and Design Patents

Two independent errors warrant reversal, but to be fair, the district court did not have the benefit of the Supreme Court’s decision in Teva. Now, the Federal Circuit has the opportunity to address the interplay of Teva with claim construction in design patents. This is a much needed clarification.