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Disgorgement of Profits for Design Patents: From the 19th Century to the 21st
Intellectual Property Law Section, Patent Interest Group
The webinar will provide an overview of the changes in design patent damages following the Supreme Court decision in Apple v. Samsung. Design patents provide patent holders with unique opportunities and present defendants with unique risks arising from the separate and unique remedies that design patents provide – 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. The webinar will discuss the unique issues that arise in design patent damages, with a focus on the Apple v. Samsung case, the Supreme Court’s decision on article of manufacture, and recent cases addressing design patent damages.
1 Participatory MCLE Credits
All
Standard
Non-Member
$45.00
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We are committed to accessibility! All OnDemand programs after January 1, 2022 include closed captioning. To request closed captioning for a program older than January 1, 2022, send us a note at accessibility@calawyers.org or contact us at 916-516-1760 for assistance.
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