Thomas J. Engellenner, a partner in the Intellectual Property Department of Pepper Hamilton, was quoted in the May 19, 2018 CNET article, "Samsung Owes Apple $1B -- Or Maybe Just $28M. OK, Jury, What'll It Be?"
Phones have many elements that don't come close to the patented designs, Samsung argues: batteries, video cameras, 4G network radios, text-messaging software, and more. Ultimately, that array of technology that's separate from black phone faces and icon grids should be compelling, said Tom Engellenner, an intellectual-property attorney at law firm Pepper Hamilton who's unaffiliated with the trial.
"I was impressed by Samsung's testimony ... that its Galaxy smartphone has as many as 10 different antennas -- for various telecom carriers, radio, Bluetooth, GPS, etc.," Engellenner said. "I'll be surprised if Apple is able to convince the jury the second time around that it was entitled to all of Samsung's profits on its whole phone as damages for infringement of its design patents that only focused on the shape, display and beveled edges of the iPhone."
"Whether Apple walks away with a billion dollars or half that much, I think the message has already been heard by companies," Engellenner said. "Design patents are not oddities but rather valuable weapons for protecting well-designed products."