Everything You Need to Know to Listen to the GM v. LKQ En Banc Design Patent Obviousness Argument (RECORDING)

Recorded On: 02/01/2024

On February 5, an en banc Federal Circuit will consider whether the current design patent obviousness test is overly rigid and should be revised. The Court has issued a series of detailed questions to be considered and this forthcoming decision could fundamentally change the issue of design patent obviousness as well as the perceived value of design patent protection. In preparation for the argument, this webinar will discuss an overview of the issues to be considered, a detailed dive into the United States’ brief and the amicus brief from Apple (both of which are expected to be important to the Court), and consideration of how this decision could affect the design patent obviousness question at the PTAB and the district court level in the future. The panel will also discuss details about what to expect during the oral argument. After the webinar, audience members will be armed with the knowledge they need to get the most out of the upcoming oral argument.

Elizabeth Ferrill

Partner

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Beth Ferrill is a partner in Finnegan’s Washington DC officeShe counsels clients who hold design patents as well as those accused of infringement. Her practice includes prosecution of families of design patents before the USPTO, directing prosecution in foreign countries, arguing appeals before the PTAB, and taking design patent infringement cases through trial in district courtBeth is the recipient of Intellectual Property Owners Association (IPO)’s Carl B. Horton Distinguished Service Award and has been recognized by Intellectual Asset Management Patent 1000 as a leader in patent litigation and transactions in the D.C. area, and nationally for design patents. She is the Editor-in-Chief of Comparative Global Design Law, published by Bloomberg law, leads Finnegan’s veterans pro bono program, and serves as co-chair of Finnegan’s litigation section. 

Brendan O'Dea

Partner

Womble Bond Dickinson

Brendan O'Dea is a partner at Womble Bond Dickinson with a patent practice focused in the mechanical and electromechanical arts, as well as in industrial designs.  In guiding his clients from their initial concepts to concrete strategies for managing their intellectual property portfolios, Brendan practices at all stages before the U.S. Patent Office, provides legal opinions on patent validity and non-infringement, and advises with regard to commercialization and licensing.  Outside of his work with clients, Brendan teaches a course on patent prosecution in the engineering department at Georgia Tech.  Brendan received his B.S. degree in Mechanical Engineering from Lafayette College and his J.D. degree from Brooklyn Law School. 

Perry J. Saidman

Of Counsel

Saidman DesignLaw Group, LLC

Perry Saidman is a recognized pioneer in design law. He has more than 40 years of experience providing design protection and enforcement strategiesHis expertise in design patent prosecution issues facilitates resolution of difficult or unusual cases when it comes to enforcement. As a prolific author and speaker, and in his private practice, Perry takes on many seemingly intractable design law issues of the day, including functionality, anticipation, obviousness, infringement and damages. He is very active in bar associations, including the Design Rights Committee of the IPO and AIPLA’s Industrial Designs Committee which he founded in 1989. He has taught Design Law as an adjunct professor at G.W. Law School, and testified before the House Judiciary Committee regarding the auto replacement parts bill. His most recent papers involve the hot button issues of design patent anticipation, the written description requirement under sec. 112, functionality, and determining the article of manufacture under  35  U.S.C.  289.  He also  authors  a  blog  at designlawperspectives.com covering recent design law cases and happenings.

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