Design Patent Damages: Determining the Relevant Article of Manufacture
Applying the Four-Factor Test, Court Treatment, Calculating Total Profit
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will provide guidance to design patent counsel on determining the article of manufacture and design patent damages. The panel will review the Supreme Court's decision and examine 35 U.S.C. 289, the four-factor test and how the courts are determining the article of manufacture.
- Article of manufacture
- Supreme Court in Samsung v. Apple
- DOJ's four-factor test and allocation of burdens
- District court rulings
- Determining the article of manufacture and design patent damages going forward
The panel will review these and other high profile issues:
- What constitutes the relevant article of manufacture?
- How are the courts applying the four-factor test?
- What strategies can counsel use for determining the article of manufacture or minimizing the scope of infringing product?
John J. Cheek
Associate General Counsel & Chief IP Counsel
Sterne Kessler Goldstein & Fox
Ms. Durkin heads the firm’s Mechanical and Design Patent Group. With nearly 30 years of experience obtaining... | Read More
Ms. Durkin heads the firm’s Mechanical and Design Patent Group. With nearly 30 years of experience obtaining and enforcing IP rights, she has a deep understanding of utility and design patents, trademarks, and copyrights. Ms. Durkin has been an Adjunct Professor at George Mason University Law School and has spoken internationally on topics such as the interplay between design patents and trade dress, and protection of user interface and the user experience. She is currently a Vice Chair of the Industrial Designs Committee of IP Section of the ABA.Close
Elizabeth D. Ferrill
Finnegan Henderson Farabow Garrett & Dunner
Ms. Ferrill focuses her practice on all aspects of design patents, including prosecution, counseling, and litigation.... | Read More
Ms. Ferrill focuses her practice on all aspects of design patents, including prosecution, counseling, and litigation. She also has extensive experience in utility patent litigation in the areas of software- and hardware-related technologies. She counsels clients who hold design patents as well as those accused of infringement. She has experience with consumer and industrial products, graphical user interfaces and icons. She has prosecuted families of design patents before the USPTO, directed prosecution in foreign countries, and argued appeals before the PTAB.Close
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