PERRY’S UPCOMING WEBINAR: “HOT TOPICS IN DESIGN PATENT LAW” + FREE PASS

On May 23, 2023, Perry will present a webinar covering the following topics:

*Design patent obviousness as reflected in the recent LKQ v. GM decision from the US Court of Appeals for the Federal Circuit. The issue is whether the Supreme Court’s KSR v. Teleflex case setting forth a new test for utility patent obviousness should apply to design patents, a question of first impression. A decision in favor of the infringer, LKQ, will turn years of case law based on the seminal In re Rosen case on its head.

*Design patent infringement as reflected in the Columbia v. Serius case now pending before the Federal Circuit. The main issue – another question of first impression - is the scope of the prior art that is relevant to an infringement determination. A decision in favor of the patentee Columbia will limit the scope of the relevant prior art. Another issue is whether an accused infringer’s logo on its product can be taken into account in determining substantial similarity with the patented design. A previous decision from the Federal Circuit indicated that it could, and Columbia is appealing this issue again.

*Obtaining total profit damages under 35 U.S.C. 289 can be very important to successful design patentees. The calculation of damages in the Columbia v. Serius case will be a backdrop to discussing tips for maximizing total profit damages.

The program description and registration information is here.

Readers of this blog can use this free pass to attend.