Apple Case Leaves Future Of Design Patents To Fed. Circ.

Law360, New York (January 5, 2017, 8:02 PM EST) -- The U.S. Supreme Court last month vacated Apple’s nearly $400 million damages award in its smartphone patent dispute with Samsung, but the decision’s impact on damages in future design patent cases will depend on how the Federal Circuit handles the case on remand, experts say.

In a conference call with reporters on Wednesday, several attorneys said that the high court’s decision will require the Federal Circuit to set a new test that can be used to determine how much design patent owners can win in damages,...
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