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Design Patents Damages – From Carpet Wars to Smartphone Wars and Beyond

Original air date: 10/3/19

Design patents provide patent holders with unique opportunities and present defendants with unique risks. Many of those arise from the separate and unique remedies that design patents provide – specifically a right to disgorgement of the “total profits” earned on the “article of manufacture” to which the design patent has been applied. The scope of this remedy and its practical impact has been the subject of debates for over 100 years, starting with battles among carpet manufacturers in the 19th Century and continuing into battles among smartphone manufacturers in the 21st Century.

Join one of the lawyers and one of the damages experts who grappled with these issues in the recent design patent battles between Apple and Samsung for a one-hour discussion about the rights, remedies, problems and practicalities of obtaining monetary relief for infringement of design patents.

Presented by:

Gregory Pinsonneault of Litinomics, Inc.
Erik Olson of Morrison Foerster LLP