Daryl Lim holds the H. Laddie Montague Jr. Chair in Law at Penn State Dickinson Law, where he serves as Associate Dean for Research and Strategic Partnerships and founding director of the Intellectual Property Law and Innovation Initiative. He is a co-hire of Penn State’s Institute for Computational and Data Sciences and an affiliate of its Center for Socially Responsible Artificial Intelligence. His scholarship addresses intellectual property, antitrust, artificial intelligence, and innovation policy, with a focus on how law structures innovation, market power, ownership, access, and governance in technology-driven markets.
He previously served as Scholar in Residence to Chief Judge Randall R. Rader of the U.S. Court of Appeals for the Federal Circuit and to Federal Trade Commission Commissioner William E. Kovacic, and has held academic appointments at Fordham, Peking University, and the National University of Singapore. He is an elected member of the American Law Institute, has been recognized by the U.S. Department of Justice and the Federal Trade Commission as a leading expert in antitrust law and economics, and was named to IAM Strategy 300’s list of the World’s Leading IP Strategists. He received the 2025 IP Professor of the Year Award, and Thomson Reuters selected three of his articles among the best intellectual property articles of 2018, 2021, and 2023. His forthcoming books include Infringement in Intellectual Property Law (Oxford University Press, 2026) and Inclusive Innovation, Big Data, and Artificial Intelligence (Oxford University Press, 2026, co-edited with Peter K. Yu).
He holds a B.Sc. in Economics and Management from the London School of Economics, an LL.B. and LL.M. from the National University of Singapore, and a J.S.M. from Stanford Law School.
Today, Judge Newman is the Federal Circuit’s most prolific dissenter, and her dissents are important. Former Chief Judge Paul Michel noted that “Judge Newman may hold the record for the most dissents. But her dissents have great force and often persuade other colleagues over time.” Judge Kimberly Moore concurred, saying “[w]hat people may not realize is that many of her dissents have later gone on to become the law—either the en banc law from our court or spoken on high from the Supremes.” She noted that “Merck v. Integra comes to mind. It’s a case where she wrote a very strong dissent. The Supreme Court took it and not only changed the state of the law to reflect what she had written, but they cited her outright in the opinion.”
The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on design patent infringement and legislative history, the Court can reach the common sense result provided by the provision’s wording. Design owners should be made whole, but not unjustly enriched. Awarding the infringer’s total profits regardless of the contribution of the design to the end product’s value subverts patent law’s mandate to promote technological progress.