Design patent remedies, injunctive relief, partial summary judgment over invalidated patents, the royalty base (a context in which I hope Apple will defeat Ericsson because it will discourage outsized royalty claims over standard - essential patents), and possibly some procedural issues concerning the interplay of infringement cases and FRAND contract cases in different venues.
A couple more things that are unrelated to
design patent remedies.
Not exact matches
Moreover, U.S. lawmakers back in 1887 (when Congress decided to provide the disgorgement
remedy for
design patent infringement) had products such as carpets in mind, where «it is the
design that sells the article».
If the Federal Circuit's interpretation of the statute was affirmed,
design patent damages would be a total outlier in the context of
remedies for intellectual property infringement.
In its cert petition Samsung already told the Supreme Court that «Congress could not have intended
design -
patent damages, alone among all forms of intellectual - property
remedies, to be exempt from ordinary principles of causation and proportionality.»
«There already exists a
remedy under the Copyright,
Designs and
Patents Act (section 97A) which grants copyright owners a broad power to apply to the Court for an injunction.