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.

18 minute readNovember 02, 2015 at 12:00 AM
By
Matthew Siegal
Adam Sapper
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

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