Breaking Design Patent Issues



About the Course:

Design patents inflame passions. For instance, Steve Jobs said, “I am going to destroy Android…I’m willing to wage thermonuclear warfare. I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.”

The Apple v. Samsung case is the most important case in the history of design patents and the course leader delves into elaborate detail in discussing how this case was prosecuted. He reviews Judge Koh’s Scorecard for Preliminary Injunction and the Jury Verdict Form. He discusses the considerations for irreparable harm; the breakdown of damages attributed to infringing of utility versus design patents; and, the determination of willful infringement.

In addition to reviewing the most important design patent litigation, this session provides a comprehensive review of design patents. The course leader discusses many aspects of drafting, prosecuting, and litigating design patents. The lecture encompasses nearly 150 years of design patent litigation history and sheds highly detailed insights into the Apple v. Samsung design patent litigation. The presentation includes 100 slides with dozens of examples of properly and poorly constructed design patents.

Course Leader: Christopher V. Carani, Partner and Shareholder, McAndrews, Held & Malloy, Ltd.

Christopher V. Carani, Esq. is a partner and shareholder at the intellectual property law firm of McAndrews, Held & Malloy, Ltd. based in Chicago, Illinois. He is a leading authority in the field of design law, counseling clients on a wide range of strategic design protection and enforcement issues. He is often called upon to render infringement, validity and design-around opinions and serve as a legal consultant/expert in design law cases. Mr. Carani has worked extensively with clients to secure a wide array of design rights both in the U.S and outside of the U.S. He is also often called upon to provide comment to media outlets, including New York Times, Wall Street Journal, NPR, PBS TV, CNBC TV, BBC, Bloomberg TV, Reuters, InformationWeek, Fast Company, ComputerWorld, PCWorld, Washington Post, L.A. Times, Chicago Tribune, Forbes, Fortune, and FoxBusiness TV.

Mr. Carani currently chairs the American Bar Association’s Design Rights Committee, and is the past chair of the American Intellectual Property Law Association (AIPLA) Committee on Industrial Designs. In the landmark design patent case Egyptian Goddess v. Swisa, he authored amicus briefs on behalf of the AIPLA at both the petition and en banc stages. In 2009 and 2011-12, he was an invited keynote speaker at the United States Patent & Trademark Office’s (“USPTO”) Design Day.

He is currently licensed to practice before the U.S. Supreme Court, the U.S. Federal Circuit Court of Appeals and other U.S. District Courts. He is a registered patent attorney licensed to practice before the USPTO.

Course Length: Approx. 2.0 hours

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