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Calculating design patent damages after Apple v Samsung

Ellie Mertens, New York

The $539 million award to Apple in May surprised the design patent world. The question now is whether the Federal Circuit will adopt the same test for calculating damages or come up with a new one

The now seven-years-long smartphone patent infringement battle between Apple and Samsung has taken a twist (see the end of this article for a timeline of the saga). A Northern District of California jury recently awarded $539 million to Apple for...

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