On Tuesday, October 11, 2016, the U.S. Supreme Court heard oral arguments regarding the extent to which a design patent holder may recover infringement damages under 35 U.S.C. § 289 when multi-component products are at issue. Section 289 states that an infringer of a design patent “shall be liable to the owner of the extent of [the infringer’s] total profit.” The statute, however, refers only to the “article of manufacture” to which the design is applied. It does not address what happens when multi-component products are sold but only one component infringes the design patent
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Authored by Scott W. Doyle, Robert M. Masters, Jonathan R. DeFosse and Kristin M. Whidby
Compliments of Fried Frank – a member of the EACCNY