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Blog Posts in 2016

  • The Supreme Court Changes Damage Calculations for Design Patents

    In Apple Inc. v. Samsung Electronics Co., the United States Supreme Court looked at design patents for the first time in more than a century. The Patent Act provides a damages remedy specific to design patent infringement. On December 6, 2016, Justice Sonia Sotomayor, delivering the Court’s unanimous opinion, cited 35 U.S.C. §289 Additional Remedy for Infringement of Design Patent, which states, ...
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  • Remedies Under the Defend Trade Secrets Act of 2016

    On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA creates a federal cause of action for misappropriation of trade secrets. The DTSA has similarities to the Uniform Trade Secrets Act (“UTSA”), which sought to provide a legal framework to protect trade secrets at the state level. As of 2015, a majority of states had adopted some version of the ...
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  • Federal Circuit Affirms No Apportionment Under Design Patent

    The United States Court of Appeals for the Federal Circuit affirmed in its September 29, 2015, Nordock, Inc. v. Systems, Inc. decision that damage experts should not apportion “total profit” in design patent infringement cases under 35 U.S.C. §289. Unlike utility patents, design patent damages include an accounting of the infringer’s profit. The Court reiterated that apportioning infringing profit ...
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