On Demand Audio

Apple v. Samsung: A New Standard for Design Patent Cases

(545 reviews)

Produced on October 23, 2018

Taught by
$ 59 Intellectual Property Law and Patent Law In Stock
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Course Information

Time 60 minutes
Difficulty Advanced

Course Description

Design patents cover new, original, and ornamental designs of manufactured articles. While the term of a design patent is short (now, 15 years from the issue date), possessing a design patent can be a competitive advantage, especially if the design is the foundation of an entirely new product line. This was the situation over nine years ago when the first of Apple’s design patents for the ornamental features of the iPhone, iPad, and iPod was issued. On April 13, 2011, Apple sued Samsung for infringing its intellectual property, including three design patents.

What followed was a long battle that ended with a settlement on June 27, 2018. Along the way, a new standard for design patent damages in the case of multicomponent articles of manufacture was adopted by the Supreme Court. Join attorney Amy B. Goldsmith as she delves into the design patent aspects of the Apple v. Samsung litigation.


Learning Objectives:

  1. Break down design patents and review the ones at the heart of the Apple v. Samsung dispute
  2. Follow the litigation from the District Court to the Federal Circuit, up to the Supreme Court, back to the Federal Circuit - and finally to the District Court again
  3. Identify the new standard for design patent damages
  4. Evaluate Judge Lucy Koh’s 2017 decision ordering a new design patent damages trial
  5. Review the jury instructions for the 2018 trial
  6. Address the impact of the Apple v. Samsung dispute on future design patent infringement cases

Credit Information

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Faculty

Amy Goldsmith

Tarter Krinsky & Drogin LLP

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.

She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached. If knock-offs are all over social media platforms, Amy will help you take them down.

Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, jewelry, cosmetics, food and nutraceuticals, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods. Amy will help you design privacy policies and terms of use that make sense in the global world in which you operate.

She has been a Vice President of the New York Women's Bar Association and currently is Co-Chair of the CLE Committee. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.

Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.



Reviews

TT
Thomas T.

Thanks!

DR
Dena R.

Excellent delivery and content

EW
Eric W.

I thought the deep dive into a case was an interesting and informative format

AA
Arlyn a.

Really interesting! Please do more classes that just focus on a particular high profile case like Apple v Samsung

MD
Maureen D.

Wonderfully organized and informative

ST
Steven T.

Excellent Presentation!

SC
Stephen C.

great

RB
Robert B.

Very interesting!

KD
Kathleen D.

In depth caselaw analysis designed to inform the busy practitioner of the most pertinent aspects of each design patent decision. Insightful and extremely organized.

JL
Joan K L.

A complex case presented very well

HH
Harrison H.

Fascinating.

EB
Earl B.

one of the most beneficial 1 hr CLEs I've ever taken

JB
Jessica B.

Interesting course.

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