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Blog Posts in January, 2016

  • 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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