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.
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