The Disgorgement Remedy of Design Patent Law

  Until recently, the disgorgement of profits remedy in US design patent law garnered little attention from scholars or practitioners.[1] Congress created this remedy in the late nineteenth century to overrule two Supreme Court decisions that awarded nominal damages as the sole compensatory remedy for infringements of design patents.[2] Under the new remedy, a design […]

Negligent Misrepresentation as Contract

This Article challenges the prevailing view in the United States, and everywhere else in the common law world, which classifies the claim of negligent misrepresentation as a tort. I argue negligent misrepresentation is best understood as a contractual claim akin to promissory estoppel, with the gist of both claims being invited reliance. The prevailing view […]