Defendant damaged: A patent infringement case

Description

Abstract: Design patent damages can far exceed the reasonable royalties often associated with utility patent infringement because design patentees can recover the infringer’s total profits from the infringing product. That’s what happened in recent Federal Circuit court case Nordock, Inc. v. Systems Inc. This article discusses the facts and opinions of the case, including why the court found the defense expert’s methods of calculating damages “improper.”