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The Future Of Design Patent Remedies Is Unclear

Law360 (May 11, 2018, 2:15 PM EDT) -- December 2016 saw the U.S. Supreme Court siding with Samsung Electronics Co. Ltd.  in its first substantive ruling regarding design patents in a century. In interpreting 35 U.S.C. 289 which provides for an award of total profits from the “article of manufacture” to which an infringed patented design is applied, the court held that an “article of manufacture,” could be a component of a product and not necessarily the entire product. The court refrained both from determining whether Apple Inc.’s asserted design patents covered the final,...
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