design patents
When it comes to damages recovery, design patents trump utility patents
Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringer. Lost profits, on the other hand, corresponds to the sales the patent owner would have made if it had not been for the infringement. Design patents are not as popular as their better-known sibling,…
Supreme Court – Conceptual Separability Analysis
Traditionally, the principle is: Clothes are un-copyrightable useful works. In apparel, it is possible to protect an original design with copyright. Then, you can use this design on fabrics by screen printing or embroidering. The design will be protected but the clothe in which the design appear won’t be! However, there is an exception to…