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Expert Analysis

3 Ways To Improve Design Patents

Law360, New York ( June 10, 2015, 10:19 AM EDT) -- On May 18, 2015, the Federal Circuit issued its opinion in Apple Inc. v. Samsung Electronics Co. Ltd. In that opinion, the panel upheld a massive award of roughly $400 million for the infringement of three design patents. The massive award is due to the damages statute specific to design patents, 35 U. S. C. § 289. The panel concluded that this statute allows for the recovery of an infringer's total profits for the infringing devices, without regard to whether the infringed design contributed to the profits of the devices. . . .

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