With the new year upon us, now may be a good time to assess this past year. In describing 2016, “unpredictable” is the first word that comes to mind, from our presidential election to some of the evolutions in patent law. It just so happens that the recent election will create some more “unpredictable” changes in 2017.
But first, let me assess this past year, which was a busy time for patent remedies. The U.S. Supreme Court decided two cases, one on willfulness and the other on design patent damages. In Apple v. Samsung, the court’s ruling suggests that patent holders may no longer receive all of the profits from the sale of a product infringing a design patent, but they may still recover the profits attributable to the infringing feature. The court’s ruling will bring significant challenges in the calculation of damages for design patents and the need for additional factual and expert input.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]