PERRY WILL BE SPEAKING ON “VERY HOT TOPICS IN DESIGN PATENTS” AT A CONFERENCE TO BE HELD MARCH 23-24, 2023 NEAR WASHINGTON DC

I will be a speaker at the 15th Annual Advanced Patent Law Institute that is sponsored by the University of Texas School of Law.  The CLE conference will be held in person at the US Patent & Trademark Office in Alexandria, VA on March 23-24, 2023.

My talk is scheduled for Friday afternoon, March 24.  Among other topics, I will cover two major questions of first impression before the Federal Circuit.

First, design patent scope has been turned on its head by In re: Surgisil, greatly affecting not only patentability but infringement analysis as recently argued in the pending Columbia v. Serius case (a decision expected perhaps as soon as March).

Second, regarding design patent obviousness, the Federal Circuit in LKQ v. GM handed down in January two decisions per curiam in which they declined to overrule the venerable In re Rosen case.  However, two judges in separate concurring opinions grappled with the unresolved issue of whether the Supreme Court’s KSR case – involving only utility patents - applies to design patents.  I understand that LKQ is preparing a petition for rehearing en banc.

I will also cover another topic of great interest: How to maximize the recovery of total profit damages.

Program details and registration information can be found here.