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Expert Analysis

Design Patent Damages And The Jury's Confusion In Apple

By Derek Dahlgren and Spencer Johnson ( June 27, 2018, 1:03 PM EDT) -- In our last Law360 article on the just-settled smartphone design patent litigation between Apple and Samsung, we wrote about potential issues that may result from the level of guidance given to the jury in determining the article of manufacture to which the infringing designs at issue had been applied under 35 U.S.C. § 289. Specifically, we wrote about how the four-factor test and instructions given to the jury to determine the article of manufacture may not provide enough guidance to the jury, and how the jury verdict forms may not provide enough clarity to accurately interpret the jury's decision....

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