Join our Intellectual Property Committee for a networking breakfast and a timely CLE program regarding one of the headline grabbing cases in 2016 and moving forward.
This CLE program examines the ongoing litigation regarding design patent protection for the smartphone and covers how appearance and design can be protected through the law.
Panelists address the following questions, among other issues:
- What product shapes are/should be subject to design patent protection?
- Is that protection different than protection of product shapes under copyright and trademark law; and, if so, how?
- Do the remedies for design patent protection make it more viable/valuable than protection as trade dress/trademark?
- Should overlapping protections be available or should the rights holder have to elect one form of protection?
- The damage award was how much?
- What is a damages expert?
- How are Reasonable Royalty analysis and Lost-profits analysis defined?
- Which basis of damages should be pursued?
- Seek total profits for design patent, not available for utility.
- If an article of manufacture is a component– how do you apportion profits?
- What evidence is relevant?
- What does the expert want the party to ascertain during fact discovery?
- What are the points of attack on rebuttal?
Cases like these are generation-defining. Will the current decision actually discourage "design piracy" and protect companies that invest in creative designs?