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Design Patents: All is Not Quiet on the Federal Circuit Front
Contains material from Apr 2022
Design Patents: All is Not Quiet on the Federal Circuit Front
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This presentation focuses on recent design patent court decisions. Hear more about the most important Federal Circuit design patent decision in years, SurgiSil, as well as, Campbell Soup v. Gamon. Including secondary considerations of non-obviousness, and an emerging infringement theory using empirical evidence to prove that an ordinary observer can give greater weight to a subset of figures in a design patent that illustrate a predominating visual element of the design in determining infringement.
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Design Patents: All is Not Quiet on the Federal Circuit Front (Apr 2022)
Perry Saidman
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Session 1
—45 mins
Design Patents: All is Not Quiet on the Federal Circuit Front (Apr 2022)
This presentation focuses on recent design patent court decisions. Hear more about the most important Federal Circuit design patent decision in years, SurgiSil, as well as, Campbell Soup v. Gamon. Including secondary considerations of non-obviousness, and an emerging infringement theory using empirical evidence to prove that an ordinary observer can give greater weight to a subset of figures in a design patent that illustrate a predominating visual element of the design in determining infringement.
Originally presented: Mar 2022 Advanced Patent Law Institute
Perry Saidman,
Saidman DesignLaw Group, LLC - Silver Spring, MD