Breaking Design Patent Issues - IIPLA

Breaking Design Patent Issues

About the Course: Design patents inflame passions. For instance, Steve Jobs said, “I am going to destroy Android…I’m willing to wage thermonuclear warfare. I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.” The Apple v. Samsung case is the most important case in the history of design patents and the course leader delves into elaborate detail in discussing how this case was prosecuted. He reviews Judge Koh’s Scorecard for Preliminary Injunction and the Jury Verdict Form. He discusses the considerations for irreparable harm; the breakdown of damages attributed to infringing of utility versus design patents; and, the determination of willful infringement. In addition to reviewing the most important design patent litigation, this session provides a comprehensive review of design patents. The course leader discusses many aspects of drafting, prosecuting, and litigating design patents. The lecture encompasses nearly 150 years of design patent litigation history and sheds highly detailed insights into the Apple v. Samsung design patent litigation. The presentation includes 100 slides with dozens of examples of properly and poorly constructed design patents. If you don’t know the answers to questions such as these, you really should listen to this webinar: What protections do design patents offer in comparison to protections offered by trade dress and copyrights? How do design patents compare to utility patents in terms of patent life? Pendency? Costs of filing? Maintenance fees? Pre-issuance publication? When was the last Supreme Court decision regarding design patents rendered? Do designs covered by design patents turn on the observations of the “ordinary observer” or “one trained in the particular art”? Does infringement of design patents have to meet the “substantially the same” or “generally the same” standard? How is this standard affected by prior art? How instructive is the “four change rule”? How many claims can a design patent have? How many embodiments are allowed? What are the three main statutory requirements to having a design patent granted? What is the significance of dotted lines versus indeterminate break lines in the drawings of design patents? Why is it often a good idea to file on the constituent parts of a design patent? Can a utility patent applicant file a continuation in the form of a design patent? Is the metric “embodiments-to-product” a sound measure of the coverage that design patents provide to patent holders? In calculating damages awards resulting from infringing design patents, what is the significance of the infringer’s profits? How does such disgorgement of profits impact traditional lost profits damages? Course Leader: Christopher V. Carani, Partner and Shareholder, McAndrews, Held & Malloy, Ltd. Christopher V. Carani, Esq. is a partner and shareholder at the intellectual property law firm of McAndrews, Held & Malloy, Ltd. based in Chicago, Illinois. He is a leading authority in the field of design law, counseling clients on a wide range of strategic design protection and enforcement issues. He is often called upon to render infringement, validity and design-around opinions and serve as a legal consultant/expert in design law cases. Mr. Carani has worked extensively with clients to secure a wide array of design rights both in the U.S and outside of the U.S. He is also often called upon to provide comment to media outlets, including New York Times, Wall Street Journal, NPR, PBS TV, CNBC TV, BBC, Bloomberg TV, Reuters, InformationWeek, Fast Company, ComputerWorld, PCWorld, Washington Post, L.A. Times, Chicago Tribune, Forbes, Fortune, and FoxBusiness TV. Mr. Carani currently chairs the American Bar Association’s Design Rights Committee, and is the past chair of the American Intellectual Property Law Association (AIPLA) Committee on Industrial Designs. In the landmark design patent case Egyptian Goddess v. Swisa, he authored amicus briefs on behalf of the AIPLA at both the petition and en banc stages. In 2009 and 2011-12, he was an invited keynote speaker at the United States Patent & Trademark Office’s (“USPTO”) Design Day. He is currently licensed to practice before the U.S. Supreme Court, the U.S. Federal Circuit Court of Appeals and other U.S. District Courts. He is a registered patent attorney licensed to practice before the USPTO.
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