SIIA Files Amicus Urging Reversal in US Supreme Court Design Patent Case


SIIA Communications Contact: Diane Pinto, 202.789.4480


SIIA Files Amicus Urging Reversal in US Supreme Court Design Patent Case


Washington, D.C. (June 8, 2016) – In an amicus brief filed today, the Software & Information Industry Association (SIIA), the principal association representing the software and digital content industries, urged the United States Supreme Court to reverse an appellate decision that is sure to increase patent trolling activity. In Samsung v. Apple, a federal appeals court held that a plaintiff is entitled to all of the defendant’s profits from the sales of the phone simply because it contained a non-functional design that was subject to the plaintiff’s design patent. 

The brief, which was filed along with leading technology companies and technology trade associations, argues that this decision “ignores the reality of modern, multicomponent technological products…which have become the norm throughout the consumer electronics industry, and are not purchased primarily for the design of one or more isolated components.”

According to Chris Mohr, Vice President for Intellectual Property and General Counsel for SIIA, “If the Supreme Court allows this decision to stand, it will undoubtedly increase the patent-troll problem. The companies in this case are legitimate manufacturing entities, but the lower court’s opinion would incentivize design patent trolls to attack innovative, productive companies. The lure of easy, and potentially enormous, profits by alleging a design patent claim will exacerbate the problem of patent trolling.”  

SIIA has long been involved in advocating patent reform. Mark MacCarthy, SIIA’s Senior Vice President for Public Policy said, “Congressional efforts have been on hold this year, but this is one patent-related problem that the courts can easily fix.”





About SIIA:
SIIA is an umbrella association that represents constituencies from technology, data and media companies. Through in-person and online business development opportunities, peer networking, corporate education, intellectual property protection and government relations, SIIA provides a network of resources for its 800+ member companies that drive innovation and growth. For more information, visit