미국 특허법에서 디자인특허침해로 인한 손해배상액 산정방법 -미국 연방대법원 Samsung v. Apple 판결을 중심으로-

The trial court can calculate design patent damages under 35 U.S.C. § 289 or § 284. Especially 35 U.S.C. § 289 regulate that the court can calculate design patent damages based on infringer’s total profit caused by design patent infringement. So, in case of a multicomponent product like smartphone, it is unfair that calculating design patent damages based on infringer’s total profit, because the profits Samsung earned from the sales of its products were attributable in part to other noninfringing features of Samsung products. Finally, the U.S. Supreme Court held that in case of a multicomponent product, the relevant “article of manufacture” for arriving at 35 U.S.C. § 289 damages award include the end product sold to the consumer and only component of that product. The U.S. Supreme Court’s Samsung decision mitigate design patent rights. And this decision have the same object as a series of 2000’s the Supreme Court’s decisions that would end “Strong Patent Ages” and begin “Balanced Patent Ages”. But, because the trial court can calculate design patent damages based on 35 U.S.C. § 284 applied to utility patent, the court need not use 35 U.S.C. § 289 that had been regulated more than 140 years ago.