PTAB to Change Patent Claim Construction Standard To be published in the Federal Register tomorrow [get complete draft here], to be effective 30 days after publication (but actually 33 days due to weekend and Veterans’ Day) on 11/13/2018: DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 42 [Docket No. PTO-P-2018-0036] RIN…

Previously, Apple had won $399 million as damages related to Samsung’s infringement of Apple’s design patents.  Samsung appealed.  Additional damages in a design patent infringement case are governed by 35 U.S.C. Sec. 289, which allows a patent holder to recover the total profit an infringer makes from the infringement.  However, key to this determination is…

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