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Re: la-tsla-fan post# 419515

Monday, 10/23/2017 4:07:47 PM

Monday, October 23, 2017 4:07:47 PM

Post# of 432587
Ia-idcc-fan: The Supreme Court decision regarding "article(s) of manufacture" should have no effect in regard to IDCC's patents. The term is specifically used in the statute that covers design patents, not the statute that covers IDCC's utility patents. The Apple/Samsung case discussed in Gamco's post is in regard to design patents.

"The statute examined by the Supreme Court is 35 U. S. C. §289, which provides a damages remedy specific to design patent infringement.  Section §289 indicates that a person who manufactures or sells “any article of manufacture to which [a patented] design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit.”

http://www.ipwatchdog.com/2016/12/09/supreme-court-article-of-manufacture/id=75463/
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