Today in Apple, Inc. v. Samsung Electronics, Inc., __ F.3d __ (Fed. Cir. 2016)(Dyk, J.), in a case involving claims of infringement by each party against the other and where one of the parties had been awarded nearly $ 120 million by the District Court, the panel provides several nuggets of patent law in an otherwise essentially fact-dependent decision. The nuggets are highlight marked in yellow on the attached copy of the opinion.
The Road to the Supreme Court: Unless there is a settlement of this high profile litigation, it is difficult to predict which, if any, of the issues may be raised in a petition for certiorari to the Supreme Court.