Taft Law Firm to Host Free Webinar on 2026 Design Patent Prosecution, Litigation, and Damages

Taft’s Intellectual Property group will host a free webinar titled “The New Shape of Things: Design Patent Prosecution, Litigation, and Damages in 2026,” providing an in-depth roadmap for practitioners navigating recent changes in design patent law. The presentation will cover critical updates in prosecution strategy, litigation developments, and damages theories relevant to design patents.

The webinar opens with an analysis of the United States Patent and Trademark Office’s (USPTO) Supplemental Guidance issued in March 2026. This guidance addresses prosecution of design patents related to computer-generated interfaces and icons. Presenters will discuss how to draft claims that comply with the written description requirement while preserving broad infringement scope, particularly in light of the Federal Circuit’s decision in Curver Luxembourg v. Home Expressions.

The second segment focuses on post-LKQ (L.A. Gear, Inc. v. Thom McAn Shoe Co.) infringement and invalidity rulings. Contrary to initial concerns, the Federal Circuit’s broader Graham-factor obviousness standard has not led to widespread invalidation of design patents. The panel will explore the tension between the summary judgment analytical framework and the “ordinary observer test” that governs infringement determinations at trial.

The final portion of the webinar will review damages theories available for design patent holders, including total profit, reasonable royalty, and lost profits. The discussion will highlight appropriate circumstances for each damages approach and survey recent key decisions shaping damages awards.

The webinar qualifies for 1.0 CLE credit pending approval in Arizona, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Minnesota, New York, Ohio, and Virginia.

The panel includes Eric Gaum, Partner at Taft, who brings 30 years of experience in complex IP litigation across patents, trademarks, copyrights, trade secrets, and unfair competition. Mr. Gaum has litigated cases nationwide in courts spanning Ohio, California, Colorado, and beyond.

David Duski, Principal at Charles River Associates, will provide economic consulting and damages expertise. With over 20 years in IP damages consulting and expert testimony, Mr. Duski is a Certified Public Accountant, Certified Fraud Examiner, and Certified Licensing Professional. He has testified in federal and state courts and arbitration forums on a broad range of IP disputes.

Jeff Mote, also a Partner at Taft, will contribute insights from his extensive experience as an IP trial lawyer and counselor. Mr. Mote advises clients on protecting intellectual property assets and managing litigation risk, having tried patent, trade secret, copyright, trademark, and unfair competition cases nationwide and before the USPTO’s PTAB and TTAB.