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Expert Analysis

Courts Are Filling In Justices' Design Patent Remedy Void

By Tracy-Gene Durkin and Gary Griswold ( April 23, 2019, 2:58 PM EDT) -- On Dec. 6, 2016, the U.S. Supreme Court decided Samsung Electronics Co. Ltd. v. Apple Inc., its first design patent case in 150 years. This appeal involved the standard for assessing the "infringer's profits" as a measure of the patentee's compensation under the special design patent remedy found in 35 U.S.C. § 289....

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