High Court Can Restore Some Sanity To Design Patents

Law360, New York (October 25, 2016, 12:02 PM EDT) -- The patent system is supposed to encourage innovation by offering incentive through protection of investment. With that goal in mind, the U.S. Supreme Court seemed understandably befuddled with how to address lower court rulings in the Apple Inc. v. Samsung Electronics Co. Ltd. case that was argued recently. Obviously, the case is important to both companies, both to define the limits of their business practices and because Samsung is facing a nearly $400 million verdict, which is significantly lower than the initial award of over $1 billion that has been drastically reduced through various appeals. But the case is about more than just these two technology titans. It offers the Supreme Court an opportunity to address design patent damages for the first time in over 120 years....

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