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Patent Act Statutory Interpretation Patent Infringement

Morgan Lewis

District Courts Deepen Divide Over Design Patent Profit Disgorgement for Section 289 Damages

Morgan Lewis on

Federal courts continue to grapple with whether profit disgorgement for design patent infringement is a legal remedy for juries or an equitable remedy for judges, an issue the US Court of Appeals for the Federal Circuit has...more

Akin Gump Strauss Hauer & Feld LLP

Delaware District Court Clarifies That Enhanced Damages Are a Form of Relief, Not a Claim That Can Be Dismissed on a Motion under...

The District of Delaware recently denied a defendant’s motion to dismiss plaintiff’s demand for enhanced damages based on willful infringement pursuant to 35 U.S.C. § 284, explaining that neither a demand for damages under §...more

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