This section contains the nature of the case and procedural background.

P sued D claiming infringement on design and utility patents related to its iPhone. The infringed design patents are D618,677, D593,087, and D604,305. The infringed utility patents are7,469,381, 7,844,915, and 7,864,163. The diluted trade dresses are Trademark Registration No. 3,470,983 and an unregistered trade dress defined in terms of certain elements in the configuration of the iPhone. The jury found D liable for the likely dilution of Apple's iPhone trade dresses under the Lanham Act and awarded P damages. D moved for judgment as a matter of law and it was refused. D appealed.

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