Intellectual Property

Courthouse Steps: Samsung v. Apple: Giants in the Supreme Court - Podcast

Intellectual Property Practice Group Podcast
Rachel W. Apter, Mark D. Janis October 24, 2016

After years of litigation, the bitterly fought and highly publicized smartphone patent war between two of the biggest players in the industry, Apple and Samsung, finally reached the U.S. Supreme Court. While Apple has already won the patent infringement case, the Supreme Court addressed the complicated question of how to determine damages based on a design patent in a product with thousands of other patents covering it as well. Is the statutory language clear and controlling? Are profits from the entire value of the phone the right measure? Or something less? Do design patents even have any economic value at all in a technically complex product? Is the design of a smartphone more like the design of an entire car, or just a cup holder? Our speakers will discuss the oral argument, their views on the merits of the case, as well as the important policy questions related to the economic value of design patents.


  • Ms. Rachel W. Apter, Senior Associate, Orrick
  • Prof. Mark D. Janis, Robert A Lucas Chair of Law; Director, Center for Intellectual Property Research, Maurer School of Law, Indiana University, Election Lawyer Center

FTC’s 6(b) Patent Assertion Entity Study - Podcast

Intellectual Property Practice Group Podcast
Jorge Contreras, Kristen Osenga, Laurie Self, Adam Mossoff October 18, 2016

On October 6, 2016, the Federal Trade Commission released the long-awaited results of its 6(b) study on patent assertion entities (PAEs). The study provides detailed information about the litigation and licensing activities by the approximately twenty companies the FTC ordered to submit data. The study does more than just describe this data, though. Given that PAEs' function in the innovation industries, the FTC also proposed a number of legislative and judicial recommendations concerning how patents are asserted against alleged infringers. Thus, the FTC's PAE study is an important part of the policy debates about patents, patent licensing, patent litigation, and the impact these have on the innovation economy. In this Teleforum, the panelists discussed the study findings and their reactions to the study and its policy proposals.


  • Prof. Jorge L. Contreras, Associate Professor, S.J. Quinney College of Law, University of Utah
  • Prof. Kristen Osenga, Professor of Law, University of Richmond School of Law
  • Ms. Laurie Self, Vice President and Counsel of Government Affairs, Qualcomm Incorporated
  • Moderator: Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of CPIP, Antonin Scalia Law School, George Mason University

Samsung v. Apple (Smartphone Patent Wars)

Short video featuring Greg Dolin
Gregory Dolin October 06, 2016

How will the Supreme Court rule on a high-stakes patent law case? Professor Greg Dolin of the University of Baltimore School of Law weighs in on this $1B lawsuit between Samsung and Apple, a patent war that has been fought in courtrooms around the world which may finally be settled by the Supreme Court in what is being called the patent trial of the century. Oral argument is October 11, 2016.