Saidman DesignLaw Group

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    New article by Perry Saidman published in BNA’s Patent, Trademark & Copyright Journal

    Perry Saidman’s article “Design Patents Sunk in International Seaway” was published in the PTCJ on December 23, 2011. “It is no longer possible to remain silent while design patents are drowning in the wake of the Federal Circuit’s opinion...,” wrote Mr. Saidman. He charges that the Federal Circuit’s analysis of anticipation and obviousness in the two-year old design patent ruling of International Seaway Trading Corp. v. Walgreens Corp. has created a “maelstrom” in design patent law. Of the article, Mr. Saidman said: “It is critical to the future of design patent law that litigators apply the lessons of Seaway to the cases they are now working on.”

    View PDF of Mr. Saidman’s article

    Posted: 01-17-2012 

     

  • Perry Saidman visits Japan and China

    Perry Saidman visited Japan and China from October 30, 2011 to November 10, 2011 for several speaking engagements and law firm presentations discussing the latest developments regarding U.S. design patents.  At the Japan Patent Office, he lectured to design examiners and participated in a round-table discussion to explore current hot topics in design patent law. While in Tokyo, he also lectured to INFOPAT and the Asia Patent Attorneys Association (APAA). Traveling to Beijing, he gave 3 lectures in an all-day design law seminar before the All China Patent Agents Association (ACPAA). Listed below are some of the topics presented by Mr. Saidman during this trip:

     

    ·         “Introduction to U.S. Design Law”

    ·         “U.S. Design Patent Infringement”

    ·         “Design Patent Prosecution Before the USPTO”

    ·         “Latest Information About U.S. Design Protection”

     

    Contact Us if you would like Mr. Saidman to make similar presentations to your organization.

    Posted: 01-18-12

     

  •  Garfield Goodrum Appointed Vice-Chair of AIPLA Industrial Design's Committee

    In July, Garfield Goodrum was appointed to a two-year term as Vice-Chair of AIPLA's Industrial Designs Committee. Garfield has been very active on the Committee, including representing it in March at WIPO for a meeting of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications. Garfield is currently chairing a sub-committee preparing the Committee's recommendations to the AIPLA Board on the new U.S. fashion Bill - H.R. 2511.

    Posted: 10-06-2011

     

  •  Perry Saidman Testifies Against H.R. 3059 at Congressional Hearing on “Design Patents and Auto Replacement Parts”

    On March 22, 2010, Perry Saidman testified before the U.S. House of Representatives - Committee on the Judiciary regarding H.R 3059. The bill, which focuses on design patents for auto replacement parts, would excuse design patent infringement if the accused article of manufacture "itself constitutes a component part of another article of manufacture" and "sole purpose of the [accused] component part is for the repair of the article of manufacture of which it is a part so as to restore its original appearance.’’ The insurance industry and consumer groups testified in favor of the bill because it would allegedly reduce automobile repair costs. Mr. Saidman testified against the bill and emphasized that “it is a bad precedent to carve out an exception in the design patent law for a particular class of goods, in this case, auto repair parts”. To review Mr. Saidman’s full written testimony and excerpts of the hearing transcript where Mr. Saidman is featured, click on the links below.

    View PDF of Mr. Saidman's written statement
    View PDF of excerpt of Mr. Saidman's testimony from hearing transcript

    Posted: 06-08-2010

     

  • DesignLaw Perspectives

    Vol. 4 No. 2 May 2010

    Early and Broad Design Copyright Registration Yields Substantial Award

    Garfield Goodrum writes on Lanard Toys Limited v. Novelty, Inc., et al., a new decision from the Ninth Circuit Court of Appeals again indicates the great importance of registering design copyrights as soon as possible after product launch. The case also illustrates the broad scope of copyright.

    View PDF of full newsletter

    Posted: 05-20-2010