The Recorder cites Professor Mark Lemley on the ongoing patent dispute between Apple and Samsung after the verdict was partially reversed. 

Samsung won a partial reversal Monday of Apple’s smartphone “trial of the century” verdict, putting $382 million of the $930 million award potentially back in play.

The U.S. Court of Appeals for the Federal Circuit threw out findings that Samsung Electronics Co. diluted the trade dress of Apple Inc.’s distinctive iPhones and iPads. Chief Judge Sharon Prost wrote for a unanimous panel that the rounded corners, colorful icons and clear touch screens are not only stylish, they also make the phone work better and easier to manufacture, rendering those features ineligible for trade dress protection under Ninth Circuit case law.

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Congress has specified that a design infringer must disgorge all of its profits, without allocating for the infringing portion. But the law was written decades ago for simple products like rugs, and Samsung, plus academics including Chao, Love and Stanford law professor Mark Lemley, argue that it makes no sense when applied to a product like a smartphone where design is just one of hundreds of valuable features. “Often this rule leads to gross overcompensation of design patent holders, and arguably that is the case here,” Love said Monday.