Design Patent Enforcement: Recent Case Law Decisions and Trends, Due Diligence Considerations, and Best Practices

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, February 18, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide patent counsel on the enforcement of design patent rights. The panel will examine the key considerations involved in determining whether to sue when there is an alleged infringement. The panel will also discuss recent design patent enforcement trends and offer guidance for enforcement and on avoiding common mistakes when enforcing design patent rights.

Description

For enforcement of design patents, there are certain best practices that will aid in successful enforcements and minimize pitfalls. Some of these issues include due diligence strategies, policing rights, seeking the appropriate level of engagement, and recognizing the realistic and appropriate scope of design patents. If a lawsuit is necessary, knowing who, where, and how to bring a lawsuit may be critical. Knowing the risks of initialing a lawsuit should also be considered.

Successful enforcement also requires the understanding and appreciation of data surrounding the results of recent design patent litigation. Recent case law decisions may also be critical as decisions relating to the scope of a design patent claim, and defenses such as obviousness and indefiniteness should be considered.

Additionally, strategies for litigation also affect remedies and damages. Best practices also impact whether meaningful monetary or injunctive relief is granted. This can be particularly difficult in view of the state of flux of the tests being applied for infringer’s profits.

Listen as our authoritative panel of patent attorneys discusses the issues above and other key considerations involved in deciding if, when, and how to sue when there is an alleged infringement. The panel will examine recent design patent enforcement trends and will offer tips for enforcement strategies and guidance on avoiding common mistakes when enforcing design patent rights.

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Outline

  1. Deciding to sue
    1. Whether, when, and where should a suit be filed
    2. Key due diligence considerations
  2. Recent enforcement trends
    1. Trends in filings and decisions
    2. Reflections on recent case law
  3. Best practices for enforcing design patent rights
    1. Tips for avoiding common errors
    2. Maximizing recovery of total profit damages
    3. Strategies for effective enforcement

Benefits

The panel will review these and other high profile issues:

  • What factors should counsel consider when determining whether a design patent has been infringed and whether, where and when to file suit?
  • What steps should counsel take to avoid common mistakes when enforcing design patent rights?
  • What strategies can counsel use for effective enforcement of design patent rights?

Faculty

Hong, Patricia
Patricia E. Hong

Founding Member
Plumsea Law Group

Ms. Hong has extensive patent prosecution, litigation and counseling experience. Prior to becoming an attorney, she was...  |  Read More

Katz, Robert
Robert S. Katz

Principal Shareholder
Banner Witcoff

In his practice, Mr. Katz has helped procure over 6,000 design patents in the U.S. and over 18,000 design...  |  Read More

Saidman, Perry
Perry Saidman

Of Counsel
Saidman Design Law Group

Mr. Saidman is a pioneer in the field of design law, successfully representing clients in groundbreaking cases that...  |  Read More

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