Appeals Court remands Apple vs. Samsung back to District Court

"Section 289 provides, in relevant part, that whoever manufactures or sells “any article of manufacture to which [a patented] design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit.” 35 U.S.C. § 289. The Supreme Court clarified that a damages award under § 289 involves two steps: (1) “identify the ‘article of manufacture’ to which the infringed design has been applied;” and (2) “calculate the infringer’s total profit made on that article of manufacture.” Samsung, 137 S. Ct. at 434. The Court then explained that the only question before it was narrow: "whether, in the case of a multicomponent product, the relevant ‘article of manufacture’ must always be the end product sold to the consumer or whether it can also be a component of that product...On remand, the trial court should consider the parties' arguments in light of the trial record and determine what additional proceedings, if any, are needed," it said. "If the court determines that a new damages trial is necessary, it will have the opportunity to set forth a test for identifying the relevant article of manufacture for purposes of [Section 289 of the Patent Act of 1952] and to apply that test to this case.""-Appeals Court ruling