Design Patent Damages
$175
About the Course
This course presents insights into the latest developments in pursuing damagesresulting from design patent infringement. A discussion of the test for determining the article of manufacture pursuant to the Apple v. Samsung litigation is provided.
This webinar addresses a wide array of issues associated with determining and calculating damages resulting from design patent infringement.
- •Protections afforded by design patents versus trade dress and copyrights
- •Comparisons between design and utility patents (life, pendency, costs, maintenance fees)
- •The availability of treble damages upon a showing of willfulness
- •The “ordinary observer” versus “trained artisan” standards
- •Whether infringement must be “substantially the same” or “generally the same”
- •The four tests for determining articles of manufacture and Supreme Court guidance on apportionment
- •The role of infringer profits and disgorgement in design patent damages
- •Risks of fee shifting in design patent litigation
- •The importance of venue in design patent infringement cases
- •Vulnerability of design patents to post-grant challenges
Course Leader
Monder “Mike” Khoury
Associate, Gordon Rees Scully Mansukhani, LLP
Mr. Khoury is an associate in the San Francisco office of Gordon Rees and a member of the Intellectual Property and Entertainment, Fashion, Media & Sports practice groups.
His practice focuses on patent, trademark, trade dress, copyright, and trade secret litigation, as well as antitrust, unfair competition, employment, and tort-related matters. Prior to joining Gordon Rees, Mr. Khoury served as a judicial law clerk at the San Francisco Superior Court and as a judicial extern for the U.S. District Court for the Northern District of California.