Design Patent Damages
$175
About the Course:
This course presents insights into the latest developments in pursuing damages resulting from design patent infringement. A discussion of the test for determining article of manufacture pursuant to the Apple versus Samsung litigation is provided.
This webinar addresses a wide array of issues associated with determining and calculating damages resulting from design patent infringement such as:
- Protections afforded by design patents compared to protections offered by trade dress and copyrights.
- How do design patents compare to utility patents in terms of patent life? Pendency? Costs of filing? Maintenance fees?
- Can treble damages be assessed on infringers if willfulness is demonstrated?
- Whether designs covered by design patents turn on the observations of the “ordinary observer” or “one trained in the particular art”.
- Does infringement of design patents have to meet the “substantially the same” or “generally the same standard”?
- What are the four tests for determining “articles of manufacture”? What guidance did the Supreme Court provide in Apple v. Samsung in terms of determining apportionment?
- In calculating damages awards resulting from infringing design patents, what is the significance of the infringer’s profits? How does such disgorgement of profits impact traditional lost profits damages?
- To what extent is there the risk of fee shifting when litigating infringement of design patents?
- How important is venue in litigating infringement of design patents?
- To what extent are design patents vulnerable to post-grant opposition?
Course Leader: Monder “Mike” Khoury, Associate, Gordon Rees Scully Mansukhani, LLP
Monder “Mike” Khoury is an associate in the San Francisco office of Gordon & Rees and is a member of the Intellectual Property practice group and the Entertainment, Fashion, Media & Sports practice group.
Mr. Khoury’s practice focuses primarily on patent, trademark, trade dress, copyright, and trade secret litigation. Mr. Khoury is also experienced in litigating anti-trust, unfair competition, employment, and tort-related suits.
Prior to joining Gordon & Rees, Mr. Khoury worked as a legal research attorney (judicial law clerk) at the San Francisco Superior Court, where he worked with over twenty judges. Mr. Khoury also served as a judicial extern for the Hon. Judge Jacqueline Scott Corley of the U.S. District Court, Northern District of California.
Course Length: Approx. 1.0 hours
$175.00 PER USER