After the Supreme Court remanded the Apple-Samsung case for design patent damages (Samsung Elecs. Co. v. Apple Inc., 137 S. Ct. 429 (2016)), the Federal Circuit had to take a look at the relevant "article of manufacture" was identified for calculating a damages award.
Apple requested panel review, believing Samsung identified the entire phone as the relevant article of manufacture, while Samsung requested that the CAFC remand to the district court for a new trial on damages. In short, it the Court concluded it is a dispute about jury instructions.
Let’s cut to the chase, the panel ruled:
In short, the parties dispute what jury instructions the current trial record supports. Because the district court is better positioned to parse the record to evaluate the parties’ competing arguments, we remand for the district court to consider these issues in the first instance.
On remand, the trial court should consider the parties’ arguments in light of the trial record and determine what additional proceedings, if any, are needed. If the court determines that a new damages trial is necessary, it will have the opportunity to set forth a test for identifying the relevant article of manufacture for purposes of § 289, and to apply that test to this case.
Accordingly, we remand this matter to the district court for further proceedings.
Good luck to Judge Koh of the Northern District of California, who will presumably pick this fun one back up!