Brief of Amici Curiae Jason J. Du Mont and Mark D. Janis in Support of Appellee Apple Inc. in Apple v. Samsung (Fed. Cir. 2015)
39 Pages Posted: 24 Oct 2014 Last revised: 3 Sep 2016
Date Written: August 4, 2014
This brief explores the historical foundations of design patent law's special remedies provision. We draw on its legislative history and British antecedent to contextualize the debate between Apple and Samsung over the appropriate method of calculating design patent damages under Section 289 of the Patent Act.
Keywords: design patents, design, remedies, 289, Apple, Samsung, total profits, profits, apportionment, design, design law
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