Design Patent Litigation in 2019: Addressing Current Issues and Latest Developments
A design patent is among the most important properties of a product since it serves as a legal protection for the product’s ornamental features. However, as products have become more complex, the methodology used historically to determine damages in design patent infringement matters has been called into question.
The Supreme Court’s decision in Apple v. Samsung acknowledged this issue and gave some directional insight into how design patent damages should be analyzed. However, interpreting the Court’s decision and applying it to the fact-specific scenarios of other design patent infringement matters is still evolving.
With the ever-changing design patent landscape, companies and their counsel must stay informed of how various district courts and the Court of Appeals for the Federal Circuit are viewing design patent damages in the context of the Apple v. Samsung decision.
Join Mr. Barry Bell (Managing Director, Echelon Analytics) as he provides the audience with an historical perspective of design patent damages prior to Apple v. Samsung, an in-depth analysis of the Supreme Court’s decision, and a discussion of recent cases where Apple v. Samsung has been applied.
This LIVE Webcast will discuss the following key provisions:
- A Historical Perspective of Design Patent Damages
- Apple v. Samsung
- District Court and CAFC Opinions
- Supreme Court Decision
- Recent Court Opinions Applying Apple v. Samsung
- Important Considerations in Presenting Design Patent Damages Claim
- Questions Remaining after Apple v. Samsung
- An Introduction to Design Patents
- Contrasting Design Patents to Other Types of Patents
- Examples of Design Patents
- Design Patent Damages Prior to Apple v. Samsung
- A Look at Apple v. Samsung
- Overview of Asserted Patents
- Procedural Chronology
- Apple v. Samsung at the Federal Circuit
- Samsung’s Petition to the Supreme Court
- The Supreme Court’s Scope
- The Department of Justice’s Amicus Curiae Brief
- Supreme Court’s Opinion
- Questions Raised
- Apple v. Samsung on Remand
- Other Recent Court Opinions Applying Apple v. Samsung
Who Should Attend:
- Patent Attorneys
- Patent Litigators
- Intellectual Property Attorneys
- In-House Counsel
- IP Consultants and Experts
- Patent Owners
- Patent Licensing Attorneys
- Other Related/Interested Professionals
For more than 25 years, Barry Bell has focused primarily on the analysis and quantification of damages in commercial litigation matters. He is experienced in analyzing complex matters; identifying relevant issues, information and approaches, and cogently communicating, via expert reports and testimony, the resulting opinions to interested parties.
Mr. Bell has extensive experience in analyzing damages in a wide variety of actions, including breach of contract, breach of fiduciary duty, fraud, and intellectual property infringement/misappropriation, among others, across a broad industry spectrum. Mr. Bell frequently provides expert witness testimony related to damages in complex commercial and intellectual property-related disputes.
Print and review course materials
Method Of Presentation:
Experience in patent litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Echelon Analytics
Echelon Analytics is a nationally recognized firm comprised of proven leaders in the areas of economic and financial analysis, financial investigation and forensic accounting and expert witness services. We assist clients involved in commercial disputes and high-stakes litigation, as well as those needing help assessing value and risk in the context of pre-litigation, mergers and acquisitions, joint ventures, licensing and sales.