Samsung officially filed a request with the Supreme Court to examine the decision in its long running litigation with Apple. At the crux of the petition is design patents and their legal interpretation in infringement lawsuits, and the damages awarded from alleged infringement.
This is not the first time the National Grange has weighed in on the patent litigation between these two household names. Current legal interpretations elevate design patents and ornamental features of a product over utility patents and a product’s functionality. Additionally, the damages from infringement could result in total profits – an incentive for troll-like litigation over design patents.
If these legal interpretations are left to stand, rural and agriculture industries, businesses, and consumers will lose. The National Grange continues to support Samsung’s appeal to the Supreme Court, and we encourage the high court to accept this case for its docket. Design patent law current interpretations are more harmful than helpful.