Thus, it would likely also be over-restrictive when applied to multicomponent products. Id. Samsung Response at 3. The plaintiff bears the burden of persuasion in proving the relevant article of manufacture and in proving the amount of defendant's total profit under 289. The U.S. Supreme Court framed the question before it as follows: "[T]he Federal Circuit identified the entire smartphone as the only permissible 'article of manufacture' for the purpose of calculating 289 damages because consumers could not separately purchase components of the smartphones. What did you learn from this negotiation in business? Samsung contends that, as a matter of law, the "relevant article of manufacture does not include any part, portion, or component of a product that is disclaimed by the patent." The Federal Circuit upheld the jury verdict as to Apple's design patent claims and utility patent claims but vacated the jury verdict as to Apple's trade dress claims. Finally, Samsung contends that Apple's first proposed factor, how the defendant sells and accounts for its profits on the infringing profit, conflicts with the U.S. Supreme Court's reasoning in the instant case. Assigning the defendant a burden of producing evidence to support its position is thus consistent with other disgorgement remedies, where the defendant bears the burden of proving any allowable deductions that decrease the amount of total profit. 2014) ("Where the smallest salable unit is, in fact, a multi-component product containing several non-infringing features with no relation to the patented feature . We can custom-write anything as well! After Kuns death, his easy-going son succeeded to the throne and began investing more in smartphones and more in tech. 2. 1842 at 3165-68. 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Nonetheless, all of the five forces influence the . 1. ECF No. The Federal Circuit held that Apple's claimed trade dress was not protectable under Ninth Circuit law and vacated the jury verdict as to Apple's trade dress claims. Your email address will not be published. The United States proposed that the U.S. Supreme Court adopt a four-factor test to determine the relevant article of manufacture. The D'087 patent claims a rectangular front face with rounded corners, with a bezel, but without black shading, and does not claim the sides, back, top, and bottom of the device or the home button. 54, which read in relevant part: After a thirteen day jury trial from July 30, 2012 to August 24, 2012 (the "2012 trial") and approximately three full days of deliberation, the jury reached a verdict. 1st Sess., 1 (1886)); see also Supreme Court Decision, 137 S. Ct. at 433 (citing S. REP. NO. 05 billion. On the other hand Samsung received zero damages for its . Moreover, as Samsung points out, "[p]lacing the burden of identifying the correct article of manufacture on the patent plaintiff also corresponds with the analogous law of utility-patent damages for multicomponent products, where the patent plaintiff similarly must prove the correct component to be used as a royalty base . (emphasis added). See Apple Opening Br. However, the Court was unable to determine whether the jury instructions as given constituted prejudicial error until it resolved other issues, including the test for determining the relevant article of manufacture for the purpose of 289 and which party bore the burden of proving the relevant article of manufacture and the amount of total profits. Of Cal., Inc. v. Constr. From that event, Samsung dared from being a supplier of technological equipment to a competitor in market share. The Rivalry Inception of Samsung and Apple The following are ways through which Apple and Samsung companies' solutions are evaluated from the perspective of the business. The D'677 patent claims a design for a "black, rectangular front glass face with rounded corners" and does not claim the surrounding rim (bezel), the circular home button on the front, or the sides, top, bottom, or back of the device. Finally, Apple concedes that it bears the ultimate burden of persuasion on the issue of damages. Co., Nos. This takes us back to the smartphone war that has continued since time immemorial. Whatever it will be, humans are fascinated and the future is exciting. Hearing Tr. If the plaintiff satisfies this burden of production, the burden of production then shifts to the defendant to come forward with evidence of an alternative article of manufacture and evidence of a different profit calculation, including any deductible costs. Id. To remove him, Steve initiated a move that backfired and ended up removing himself from the board. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Understanding how to arrange the meeting space is a key aspect of preparing for negotiation. at 9, Samsung Elecs. -Dhani, Adeena, Shubham, Rishabh (ICT Licensing) and the Editorial Team, Your email address will not be published. Think about this, the first computer was built in 1822, by a smart human called Charles Babbage. Concerned that the Dobson cases weakened design patent law to the point of "'provid[ing] no effectual money recovery for infringement,'" Congress in 1887 enacted the predecessor to 289, which eliminated the "need to apportion the infringer's profits between the patented design and the article bearing the design." Copyright 2023 Negotiation Daily. In the trial, the jury found that Samsung had wilfully infringed Apple's design, patents and trade dresses. Create a new password of your choice. See ECF No. Apple, which Samsung countersued for $422 million, will not have to pay anything to Samsung. Cir. Hearing both sides, the law court ruled in the favour of Apple. After remand to the Federal Circuit, the Federal Circuit held that "the trial court should consider the parties' arguments in light of the trial record and determine what additional proceedings, if any, are needed. Apple Issues between the two companies continue. 2008) (stating in a design patent case that, "as is always the case, the burden of proof as to infringement remains on the patentee"), cert. Id. The second, third, and fourth factors appear tailored to help a factfinder assess competing contentions where, like here, one party argues that the relevant article of manufacture is the entire product as sold and the other party argues that the relevant article of manufacture is some lesser part of the product. A major part of Apple's revenue comes from them. Id. The Patent Act of 1952 codified that "total profit" remedy for design patent infringement in 289, see id., and the Federal Circuit in Nike affirmed that 289 did not require apportionment, see 138 F.3d at 1441-43. The Negotiation Journal Wants to Hear From You! Id. Apple Inc. v. Samsung Elecs. APPLE INC., Plaintiff, v. SAMSUNG ELECTRONICS CO. LTD., et al., Defendants. In 2011, when Apple was already embroiled with Motorola, it went after Samsung for tablet and smartphone designs. Supreme Court Decision, 137 S. Ct. at 432. Id. at 18. It went from being an ally to a fierce enemy. Samsung only raised its article of manufacture theory days before trial. In Egyptian Goddess, the Federal Circuit clarified that the test for design patent infringement is whether an ordinary observer familiar with the prior art would be deceived by the similarity between the claimed and accused designs. This setting should only be used on your home or work computer. 1978); see Galdamez v. Potter, 415 F.3d 1015, 1023 (9th Cir. See Apple Opening Br. At the 2013 trial, Samsung argued in a Rule 50(a) motion for judgment as a matter of law at the close of Apple's case that "Apple presents no evidence of apportionment." Supreme Court Decision, 137 S. Ct. at 432-33 (internal citation omitted) (quoting Dobson v. Hartford Carpet Co., 114 U.S. at 443). After trial, Samsung moved for judgment as a matter of law. The U.S. Supreme Court "construed the statute [in effect at the time] to require proof that the profits were 'due to' the design rather than other aspects of the carpets." Br., 2016 WL 3194218, at *30-31. In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiators success. See ECF No. How Sagacious IPs Patent Opposition Strategy Helped A Client to Challenge their Competitors Patent, IP Trends in the Automotive Industry Report, Timeline of the Apple vs. Samsung Legal Battle, Solar Water Splitting to Fuels Conversion Patent Landscape Study, Knock-Out Patentability Searches: Flag IP Conflicts Quickly and Expedite Patent Filing. Each company won numerous decisions against the other during 2012-2015, quite often in contradictory rulings from German, American, Japanese, South Korean, Italian, French, British, Dutch, and Australian courts. ECF No. You've successfully subscribed to StartupTalky. He explained that while Apple could be considered an "innovation" company, as its focus was with the design and the user interface, and Samsung could be considered a "manufacture" company. May 23, 2014). They are distinguished from older-design feature phones by their stronger hardware capabilities and extensive mobile operating systems, which facilitate wider software, access to the internet (including web browsing over mobile broadband), and multimedia functionality . Samsung raised this issue again in a Rule 50(a) motion for judgment as a matter of law following the close of Apple's case-in-chief. . Apple 1 was the first computer handmade by Steve Wozniak (Apple co-founder) under the name Apple in 1976. In that motion, Samsung mixed the apportionment and article of manufacture theories. It faced overheating issues. In Samsung's view, the text of the statute is determinative. at 19. At one point in the trial, an Apple witness showed and passed around to the jury the "major logic board" of a disassembled iPhone 4. See ECF No. Apple argued that Samsung had waived its right to seek a new trial on the article of manufacture issue, that the jury instructions given were not legally erroneous, and that no evidence in the record supported Samsung's proposed jury instruction. ECF No. "An error in instructing the jury in a civil case requires reversal unless the error is more probably than not harmless." Total bill for Samsung: $1.05 billion. That also explains why the company has no about us section on its website. This article is the dissection of the silent raging war between Apple and Samsung. Accordingly, the plaintiff must bear the burden of persuasion in identifying the relevant article of manufacture for the purpose of 289 and proving the defendant's total profit on that article. "In Dobson v. Hartford Carpet Co., the lower courts had awarded the holders of design patents on carpets damages in the amount of 'the entire profit to the [patent holders], per yard, in the manufacture and sale of carpets of the patented designs, and not merely the value which the designs contributed to the carpets.'" Br., 2016 WL 3194218 at *27. Samsung argues that there was a sufficient foundation in evidence to instruct the jury on the possibility of a lesser article of manufacture based on evidence that was presented to the jury as part of the parties' infringement and invalidity cases. 17:8-17:9. CONCLUSION Both of the Apple against/compared to/or Samsung lawsuits were a proof that design patent became a center of the modern fight. Do you side with Apple or Samsung in this dispute resolution case study? Id. 284. 2016). Such as a higher chance of malware, in other words, a virus. Galdamez, 415 F.3d at 1025 (quoting Obrey v. Johnson, 400 F.3d 691, 701 (9th Cir. ECF No. to the district court's attention,' the court commits error if it 'omit[s] the instruction altogether, rather than modifying it to correct the perceived deficiency.'" According to Samsung, "[t]hese 'income method' opinions used Samsung's 'actual profits' as the measure of what Samsung would earn from the components 'embodying the patented [designs].'" the burden of persuasion lies where it usually falls, upon the party seeking relief." "Section 289 of the Patent Act provides a damages remedy specific to design patent infringement." Both the companies Apple and Samsung had a long history of cooperation, so Apple first thought of talking the matter out rather than taking the case to court. 287(a) (predicating infringement damages in certain circumstances on proof that "the infringer was notified of the infringement and continued to infringe thereafter"). 206, 49th Cong., 1st Sess., 1-2 (1886)). 2784 at 39 (same for 2013 trial); Opening Brief for Defendants-Appellants, Apple Inc. v. Samsung Elecs. Apple's Test Omits the Scope of the Design Patent and Its Fourth Factor Strays From the Text of the Statute. Id. The first lawsuit demanded 2.5 billion dollars in damages from Samsung. The Federal Circuit "remand[ed] for immediate entry of final judgment on all damages awards not predicated on Apple's trade dress claims and for any further proceedings necessitated by our decision to vacate the jury's verdicts on the unregistered and registered trade dress claims." Don't miss the opportunity, Register Now. . In 1938, Lee Byung-Chul dropped out of college and founded a small business he named Samsung Trading Co. It explained that "[a]rriving at a damages award under 289 . ECF No. "); ROBERT A. MATTHEWS, JR., 4 ANNOTATED PATENT DIGEST 30:9. However, because the Court finds the United States' articulation of this factor preferable, the Court declines to adopt Apple's first factor as written and instead adopts the United States' fourth factor, as explained in more detail below. He immediately trimmed most of the product density in Apple and made the company as slim as possible and launched new sleek products. Id. The Court denied Samsung's motion on the same grounds as the motion for judgment as a matter of law following the 2012 trial. Essays Topics > Essay on Business. at 9 (quoting 17 U.S.C. ECF No. Sometimes companies copy some famous brands product look and hope to generate sales. The jury awarded approximately $1.049 billion to Apple on its infringement and trade dress claims. Id. The Court refers to Samsung Electronics Company, Samsung Electronics America, and Samsung Telecommunications America collectively as "Samsung" in this order. POOF. Everything to Know about the New WIPO Sequence Listing Standard ST.26, Reasons to Hire an External Trademark Monitoring Services Partner, Direct and Indirect: Understanding the Types of Patent Infringement, How Patent Monitoring Service Can Safeguard Against Competition, Why Outsourcing to Trademark Search Companies is Recommended for Businesses, April 2011: In the actual legal action filed by Apple against Samsung, the former stated that Samsung had. So did Apple. In the 60s it entered the smartphone segment and today is the largest manufacturer of smartphones, televisions, and memory chips in the world. The jury ended up siding with Apple, agreeing that Samsung copied the black rectangle. . Since then, iPhones have been the most popular phones in the world. The Apple iPhones and Samsung Galaxy phones have very different designs. More specifically, a judgment may be altered based on an erroneous jury instruction by a party if "(1) [the party] made a proper and timely objection to the jury instructions, (2) those instructions were legally erroneous, (3) the errors had prejudicial effect, and (4) [the party] requested alternative instructions that would have remedied the error." 1915) ("Piano I"), and Bush & Lane Piano Co. v. Becker Bros., 234 F. 79 (2d Cir. ; Apple Opening Br. The U.S. Supreme Court's decision did not rule out the possibility that the relevant article of manufacture could be a multicomponent product. APPLE INC. v. SAMSUNG ELECTRONICS CO., LTD. 7 . Apple also contends that legal errors in the proposed instruction mean that it was not error for the Court to have excluded it. But. Samsung countersued Apple for not paying royalties for using its wireless transmission technology. Hunter v. Cty. Likewise, in the context of 289, it is the defendant who has "the motivation to point out" evidence of an alternative article of manufacture. Samsung argued that Apple should have "limit[ed] its calculations of Samsung's profits to those attributable to use of the patented designs," which "violate[d] the causation requirement" that exists in "all patent infringement litigation." According to Samsung, "[t]he 'ordinary default rule' is that 'plaintiffs bear the burden of persuasion regarding the essential aspects of their claims,'" and there is no reason to stray from that rule in the instant case. Apple CEO Steve Jobs called Samsung a Copycat. We hold that it is not." The Samsung we know today has not been constant as we consider its long history. Apple asserts that the same burden-shifting scheme applies to the calculation of total profit. First, Samsung explained that "Samsung previously cited a number of cases, including [the Piano cases] . Apple vs Samsung Presentation - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. Samsung Opening Br. provides insight into which portions of the underlying product the design is intended to cover, and how the design relates to the product as a whole." This disparity in demographics is a good indicator of the product market. 56, no. . 2009) (quoting Dang v. Cross, 422 F.3d 800, 811 (9th Cir. U.S. Accordingly, the fact that the proposed instruction contained legal errors would not have excused the Court from accurately instructing the jury how to determine the relevant article of manufacture for the purpose of 289. The Samsung that we know today, wasnt this when it started. The U.S. Supreme Court interpreted the Federal Circuit's decision in the instant case as adopting a per se rule that "the relevant 'article of manufacture' must always be the end product sold to the consumer." Nevertheless, Apple contends that it was not error for the Court to have declined to give Proposed Jury Instruction 42.1 because that instruction did not have an adequate foundation in the evidence. Thus, the U.S. Supreme Court rejected a per se rule that the relevant article of manufacture is always the product sold to the consumer. Humans are amazing animals, I mean we are smart and can do almost anything. when Samsung lacked notice of some of the asserted patents. Apple is the brainchild of Steve Jobs. 1989) (describing how "the burden of going forward" shifted to defendants to demonstrate that the disgorgement figure was not a reasonable approximation of its unjust enrichment even though the SEC bore the ultimate burden of persuasion). (forthcoming) (manuscript as of Sept. 4, 2017 at 68 & nn.419-20) (https://ssrn.com/abstract=2850604); H.R. . Hunter, 652 F.3d at 1235 n.11. 2131 at 4. . "The factfinder should identify the article in which the design prominently features, and that most fairly may be said to embody the defendant's appropriation of the plaintiff's innovation." This corporation believes "a high quality buying experience with knowledgeable salespersons who can convey the value of the Company's products and services greatly enhances its ability to attract and retain customers" (Apple Inc., 2015). case was pending in the district court. Apple concedes that it bears this burden of production. The judge eventually reduced the payout to $600 million. Id. 1. Co., 500 F.3d 1007, 1017 (9th Cir. Cir. On remand, Samsung sought a new trial on design patent damages on the ground that, in light of the U.S. Supreme Court's interpretation of "article of manufacture" in this case, this Court provided legally erroneous instructions to the jury that prejudiced Samsung. If the plaintiff satisfies its burden of production on these issues, the burden of production shifts to the defendant to come forward with evidence of an alternative article of manufacture and any deductible expenses. So at this time, it was in good economic condition. Sept. 9, 2017), ECF No. Your email address will not be published. Apple Opening Br. See Apple Opening Br. A higher appeals court was also required to formally, July 2012: The dispute between the two firms which started in San Jose, California, was estimated to be resolved in four weeks. Id. Conclusion In conclusion the issues or problems has been shown . . 3521 ("Samsung Opening Br. 2842 at 113. The test for determining the article of manufacture for the purpose of 289 shall be the following four factors: The plaintiff shall bear the burden of persuasion on identifying the relevant article of manufacture and proving the amount of total profit on the sale of that article. ECF No. In 2007, Apple took over the market with the launch of iPhone, a product that rapidly gained popularity due to its large and multi-touch user interface. Later Apple bought Next which was founded by Steve Jobs bringing him back as an advisor. Le Xiaomi 13 Pro est propos en deux coloris : Ceramic White et Ceramic Black. Success! The United States advocates a different burden-shifting regime. Apple's proposed factors are: Samsung contends that the relevant article of manufacture is "the specific part, portion, or component of a product to which the patented design is applied. Chen, C & Ann, B 2016, 'Efficiencies vs. importance-performance analysis for the leading Smartphone brands of Apple, Samsung and HTC', Total Quality Management & Business Excellence, vol. Your email address will not be published. He worked secretly on the first iPhone and launched it in 2007. This explains why the jurys award based on infringement of a design patent was 100X the award based on infringement of a utility patent. After releasing the iPhone in 2007, Apple obtained design patents on a number of phone design features. The user market is much skewed in different directions. at 678-79. 2271 at 26; 2316 at 2 (case management order reinstating portion of original jury award). However, the U.S. Supreme Court "decline[d] to lay out a test for the first step of the 289 damages inquiry in the absence of adequate briefing by the parties." . At the same time, Apple concedes that it bears "the ultimate burden of persuasion on the issue of damages." The Court addresses these factors in turn. Please try again. Both sides had said they hoped to avoid a legal battle. Section 289 reads, in relevant part: Apple and Samsung dispute whether the relevant article of manufacture for the purpose of calculating damages under 289 for the design patent infringement in the instant case is the entire smartphone or a part thereof. 1901. It operated with the same Japanese culture as every corporate body, the employees did as they were told. Co. v. Apple Inc., 136 S. Ct. 1453 (2016) (granting certiorari). Proposed Final Jury Instructions at 151-52. What to Know About Mediation, Arbitration, and Litigation). However, once the plaintiff satisfies its initial burden of production, the burden of production shifts to the defendant to come forward with evidence to support any alternative article of manufacture and to prove any deductible expenses. The United States does not advocate shifting the burden of persuasion to the defendant. At oral argument on October 11, 2016, Samsung abandoned its apportionment argument, and thus interpretation of the term "article of manufacture" was the only issue before the U.S. Supreme Court. The rivalry began. Apple argues that it would be appropriate to shift the burden of persuasion to identify the relevant article of manufacture on the defendant because the defendant has superior knowledge of the infringing product's components. But even as the CEOs sat down at the table for their mediation, which was urged by the court, Apple filed a motion asking the presiding judge to bar the sale of Samsungs Galaxy Tab 10.1 on the grounds that the tablet was designed to mirror Apples second-generation iPad (see also, What are the Three Basic Types of Dispute Resolution? The Instructions Were Legally Erroneous. Samsung Galaxy phone was the first touchscreen phone in the Samsung product line and it looked mostly the same as the newly launched iPhone. Samsung has been accused by Apple of violating patents and: - 1) Copying their icon arrangement display pattern. The U.S. Supreme Court then held that "[t]he term 'article of manufacture,' as used in 289, encompasses both a product sold to a consumer and a component of that product." (citing ECF No. MARKETING STRATEGY AND 4Ps ANALYSIS: APPLE VS. SAMSUNG I. The Patents Act, 1970 [Apple Vs Samsung] Dec. 09, 2018 6 likes 1,794 views Download Now Download to read offline Law It discusses about the Patents Act, 1970, and the purpose of a patent. As this example of negotiation in business suggests, mediation as a dispute resolution technique between business negotiators is far less likely to succeed when the parties are grudging participants than when they are actively engaged in finding a solution. Thus, the Court limited the evidence and witnesses at the 2013 trial to the evidence that was admissible at the 2012 trial. ECF No. They are actingthey are assuming that the article to which the design is applied is the entire product, which is erroneous as a matter of law. The Court Rule and Afterwards You might have noticed that brands launch a product that succeeds their existing product but, Why do brands cannibalize their products? The burden then shifts to the party opposing the new trial "to demonstrate 'that it is more probable than not that the jury would have reached the same verdict' had it been properly instructed." See ECF No. Second, calculate the infringer's total profit made on that article of manufacture." However, the U.S. Supreme Court declined to establish the test for identifying the article of manufacture for the purpose of 289. The two companies had friendly relations with each other. The lesson? at 22 (citation omitted). . TECH. 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 purpose of 289, and to apply that test to this case." In Negotiation, How Much Do Personality and Other Individual Differences Matter? When a business dispute arises, you should always do your best to negotiate or mediate a solution before taking it to the courts. . at 4-5. The jury instructions given were legally erroneous because they did not state the law as provided by the U.S. Supreme Court in this case. 1931. Apple Response at 1, 4-5. With regard to the first factor, the Court concludes that the factfinder must consider the scope of the claimed design to determine to which article of manufacture the design was applied, but the scope of the claimed design is not alone dispositive. Apple Response at 19. Hearing Tr. OVERVIEW OF THE APPLE V. SAMSUNG CASE Apple and Samsung are currently involved in the high stakes patents dispute. ECF No. 15-777), 2016 WL 3194218, at *9. Although filing lawsuits is a common strategy for Apple, its focus on Samsung is quite intense and recurrent. In response, Apple accuses Samsung of misstating the evidence. at 9. 1839 at 2088-92 (testimony of Apple's damages expert at 2012 trial); ECF No. On July 28, 2017, following briefing by the parties, this Court ruled that Samsung had not waived the article of manufacture issue because Samsung had objected to the exclusion of Proposed Jury Instruction 42.1. 1116, 11120 (S.D.N.Y. Id. 3509 at 32-33. Id. A smartphone is a portable computer device that combines mobile telephone functions and computing functions into one unit. As a result, the Court declines to include the infringer's intent as a factor in the article of manufacture test. 3. The article is identified by comparing the claimed attributes of the design patent to the accused product to identify the specific part, portion, or component of the product that corresponds to the patent's claim." On November 21, 2013, after six days of trial and two days of deliberation, a jury awarded Apple approximately $290 million in damages for design and utility patent infringement. See ECF No. denied, 129 S. Ct. 1917 (2009); Avid Identification Sys., Inc. v. Global ID Sys., 29 F. App'x 598, 602 (Fed. In the original 2012 case, Apple sued Samsung saying it copied various design patents of the iPhone. Copied the black rectangle damages remedy specific to design patent was 100X award... Apple or Samsung in this order Court 's Decision did not state the law provided... A number of cases, including [ the Piano cases ] its website a design patent a. Specific to design patent infringement. refers to Samsung ELECTRONICS company, Samsung explained that `` Samsung previously a! 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A virus takes us back to the calculation of total profit for using its wireless transmission.! Solution before taking it to the evidence and witnesses at the 2012 trial *. Samsung Trading Co other hand Samsung received zero damages for its the patent Act provides a damages specific. They were told this takes us back to the smartphone war that has continued since time immemorial in good condition! Indicator of the five forces influence the brands product look and hope to generate sales accuses of! Damages for its Apple asserts that the U.S. Supreme Court adopt a test... Supreme Court 's Decision did not state the law as provided by the U.S. Supreme Court declined establish! In tech royalties for using its wireless transmission technology testimony of Apple 's test Omits the Scope of Apple! In different directions of original jury award ) trial ) ; ECF no the... The name Apple in 1976 approximately $ 1.049 billion to Apple on infringement. Marketing STRATEGY and 4Ps ANALYSIS: Apple VS. Samsung I avoid a battle., all of the iPhone ; 2316 at 2 ( case management order reinstating of... First touchscreen phone in the trial, Samsung explained that `` Samsung '' in this,., 137 S. Ct. 1453 ( 2016 ) ( quoting Obrey v. Johnson, 400 F.3d 691, (. Much do Personality and other Individual Differences matter 500 F.3d 1007, 1017 ( Cir. Pro est propos en deux coloris: Ceramic White et Ceramic black 's test Omits the Scope the.

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