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

(225 Ratings)

Produced on: October 23, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Advanced

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

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.

Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, cosmetics, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods.

She is a Vice President of the New York Women's Bar Association. 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

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.

Load More

$59

$ 59 Intellectual Property Law and Patent Law In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.