The successful plaintiff in a design patent infringement case is entitled to recover the greater of the defendant's profits or its own damages, regardless of how the jury desires to apportion the award.
Damages In Design Patent Infringement Cases
The successful plaintiff in a design patent infringement case is entitled to recover the greater of the defendant's profits or its own damages, regardless of how the jury desires to apportion the award. Thus, in <i>Nordock, Inc. v. Systems Inc.,</i> the Federal Circuit ordered a new damages trial on the grounds that the amount of defendant's profits assessed by the jury was not supported by the evidence or in accordance with the law.
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Matthew Siegal And Adam SapperThis premium content is locked for The Intellectual Property Strategist subscribers only
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