Friday, November 6, 2015

Design Patent Remedies - Nordock v. Systems, Inc. (Fed. Cir. 2015)

Recently, the Federal Circuit addressed the dichotomy between standard patent damages under  35 U.S.C. 284 and design patent specific remedies under 35 U.S.C. 289. In Nordock v. Systems Inc., No. 14-1762 (Fed. Cir. Sept. 29, 2015), the Federal Circuit articulated, "[i]n the case of design patent infringement, a patentee can recover damages under 284 or under 35 U.S.C. 289 . . . ", but not both. (Emphasis added). While prior to Nordock this was already understood to be the correct law, we now have a case that confirms that a design patent holder may elect to receive an award under section 284, or section 289, whichever is larger. For the particulars of Nordock v. Systems follow the jump.