Avoiding The Remedy Dilemma In Enforcing Design Patents

Law360, New York (March 5, 2013, 12:39 PM EST) -- In the eyes of many, the $500 million awarded by a California jury in Apple Inc. v. Samsung Electronics Co. Ltd. for design patent infringement has revitalized the business case for design patents. But, the denial of injunctive relief to Apple creates uncertainty about the “right to exclude” with design patents even after infringement has been established.

The holdings in Apple present design patent owners with a dilemma — protect only the most innovative parts of their article and increase their chances of proving infringement and...
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