Design Patent Owner Entitled to Lost Profits Based on Entire Infringing Product: Federal Circuit | Practical Law
In Nordock, Inc. v. Systems, Inc., the US Court of Appeals for the Federal Circuit reversed and remanded the district court's decision to deny Nordock, Inc.'s motion for a new trial to calculate damages for infringement of its design patent, holding that recovery under 35 U.S.C. § 289 should be based on the infringer's total profits from the infringing product and not just the portion of the product covered by the design patent.