When it comes to a phone and its components, what is the "article of manufacture?"
In the Apple v. Samsung patent infringement case, the U.S. Supreme Court said last year that it could be a product or a component of the product. The decision upended Apple's $399 million judgment against Samsung based on the phone's entire design.
The Supreme Court did not define "the article of manufacture" for calculating damages in the case, however. The justices sent that determination back to the court of appeals.
On remand, the U.S. Court of Appeals for the Federal Circuit this week rejected arguments from both Apple and Samsung on the question. Instead, the appeals panel sent the issue back to the trial judge.
"While Apple requests continued panel review, Samsung requests that we remand to the district court for a new trial on damages," the court said. " Instead, we remand this case to the district court for further proceedings, which may or may not include a new damages trial."