This morning the Supreme Court GRANTED certiorari in Top Ten No. (2) Samsung Electronics v. Apple,a first grant for a design patent infringement case since the commencement of the certiorari process under the Evarts Act of 1891.

Determination of Damages:  The petition was granted only as to the second Question Presented: “Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component?” 

The case will be briefed over the coming months and then argued during the coming October Term that runs through June 2017.