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 […]
All Work By Mark P. Gergen
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 […]