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Nike says that design patent holders are entitled to total profits from infringers

( June 8, 2016, 22:31 GMT | Official Statement) -- MLex Summary: Nike filed an amicus brief advising the Supreme Court to maintain the “total profit” remedy for design patents, which requires that an infringer pay damages equal to their total profits from an infringing product. “The 'total profit' remedy continues to be the most logical approach in the design arena because innocent design patent infringement is rare and unauthorized copying often quickly follows a new design, eroding an innovator’s investment and profits,” says Nike. See document below. ...

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