Design Patent Damages: The Law As It Is Today

28 January 2016
Hosted By: Intellectual Property Owners Association

Last summer, the Federal Circuit rejected a request from Samsung for an en banc rehearing to address the damages awarded to Apple for infringement of three of its design patents. In so doing, it reaffirmed what many experts in design patents already believed to be the case: The remedy for infringing design patents is an award of the infringer’s entire profits from the article of manufacture. The design patent remedy has historically been used as a weapon in the fight against counterfeits and knock-offs. The ruling in Apple v. Samsung, based on a straightforward reading of Section 289 of the Patent Act, was an eye opener even for many patent law veterans. Samsung has asked the Supreme Court to review the award, and several amici briefs from other tech companies and from law professors have been filed in support of review. The Federal Circuit reiterated its stance again in September in Nordock v. Systems, when it remanded a patent design case because the lower court awarded less than the defendant’s entire profits on the accused product.

NERA Senior Vice President and Chair of the firm’s Intellectual Property Practice Dr. Alan Cox will join a webinar panel discussion to discuss the economics of design patent remedies and the impact of the recent Federal Circuit Court rulings. Dr. Cox will also comment on Samsung’s certiorari petition to the US Supreme Court and the resulting amici briefs.

For more information please visit the Intellectual Property Owners Association website.

To contact us about this event, please click here.