Perry Saidman authored an Amicus Curiae brief on behalf of Apple Inc. in the en banc rehearing of Egyptian Goddess v. Swisa decided by the US Court of Appeals for the Federal Circuit in September, 2008.
View PDF of actual Amicus Curiae Brief for Egyptian Goddess v. Swisa
Posted: 01-01-2010
There were a series of short articles that appeared in BNA’s PTCJ in a lively exchange between Mr. Saidman and Mr. Medlin, the attorney who represented the accused infringer Swisa in the Egyptian Goddess case. Mr. Medlin and Mr. Saidman had diametrically opposed views on the impact of functionality in assessing design patent infringement. Mr. Medlin took the view that it was a prime factor, and a new defense for accused infringers. Mr. Saidman took the view that any reliance on functionality during the infringement phase of a design patent lawsuit was misguided and had no solid foundation in the case law. This series of articles (see links below) was the stimulus for Mr. Saidman’s seminal article on functionality, “Functionality and Design Patent Validity and Infringement”, which adopted and refined many of the ideas first expressed in these short articles.
View PDF of first short article by Mr. Saidman titled "Functionality and the Test for Design Patent Infringement: Rarely the Twain Should Meet"
View PDF of the second short article by Mr. Saidman titled "The Ornamental/Functional Dichotomy in Design Patent Law Is Akin to the Idea/Expression Dichotomy in Copyright Law"
View PDF of Mr. Saidman's full article on the subject titled "Functionality and Design Patent Validity and Infringement"
Posted: 01-01-2010
Perry Saidman authored "Functionality and Design Patent Validity and Infringement" at 91 Journal of the Patent and Trademark Office Society (JPTOS) 313, May, 2009.
In this article Mr. Saidman provides an in-depth analysis of one of the most misunderstood areas of design patent jurisprudence: functionality. Although it is an issue that affects both design patent validity and infringement, precious little has been written to aid judges and practitioners through the oft-confusing and contradictory case law.
View PDF of full article
Posted: 01-01-2010
Perry Saidman discusses the reasons that Markman claim construction for design patents should have nothing to do with the issue of functionality.
View PDF of full article
Posted: 1-1-2010
Perry Saidman's article, co-authored with Theresa Esquerra, titled "A Manifesto on Industrial Design Protection: Resurrecting the Design Registration League" was published in the Journal of the Copyright Society of the USA, Vol. 55, pp. 423-433 (Winter-Spring, 2008).
View PDF of full article
Posted: 01-01-2010
