The Trademark Litigation and the Patent Litigation Subcommittees of the IP Litigation Committee of the ABA Section of Litigation will host a FREE webinar entitled “Design Patent and Trade Dress Litigation: More than Meets the Eye.” A description of the program is set forth below.
Title: Design Patent and Trade Dress Litigation: More than Meets the Eye
Date and time: Wednesday, January 21st from 1pm to 2pm (EST).
Note: ABA membership is not required. Details below. REGISTER HERE.
Design Patent and Trade Dress Litigation:
More than Meets the Eye
Christopher V. Carani, Esq., McAndrews, Held & Malloy, Ltd.
Description: From the design houses of New York City, to the storied industrial design firms of Chicago, to the cutting-edge think tanks of Silicon Valley, the desire for effective and enforceable design protection is at an all-time high. Simply put, looks matter. Recently released statistics show that applicants are securing U.S. design patents at record rates. With more design patents issued, there also has been a marked uptick in design patent litigation filings. While design patents share much in common with utility patents and trade dress, they have significant and distinct differences from those rights, which if not understood, can present unique traps for the unwary when it comes to litigation. In this CLE, leading Design IP attorney Christopher V. Carani will discuss design patent-specific litigation issues, including best practices for asserting, and defending against, claims of design patent infringement, the design patent infringement standard, design patent claim construction, the ins and outs of design patent drawings, design patent defenses of prosecution history estoppel, anticipation, obviousness, indefiniteness. Along the way, Mr. Carani also will offer insights and strategies for cases involving both trade dress and design patent infringement claims.
Speaker: Christopher V. Carani is a partner at the Chicago-based intellectual property law firm of McAndrews, Held & Malloy, Ltd. For over 15 years, Chris has been a leading voice in the field of Design IP, which regards the intersection of design rights, trade dress and copyright law. Chris counsels clients on strategic design enforcement and protection issues; he is often called upon to render infringement, validity and design-around opinions and serve as a legal consultant/expert in Design IP cases. Carani has extensive experience litigating Design IP cases, including representations before U.S. district courts, the Federal Circuit, the ITC and the U.S. Supreme Court. In the landmark design patent case Egyptian Goddess v. Swisa, he authored amicus briefs on behalf of the AIPLA at both the petition and en banc stages. In Calmar, Inc. v. Arminak & Assoc., Carani authored a brief on behalf of the Industrial Design Society of America in support of a petition for writ of certiori to the U.S. Supreme Court. Chris is the former chair of the ABA’s Design Rights Committee, and also the AIPLA’s Committee on Industrial Designs. Chris is currently the U.S. delegate for AIPPI’s Design Law Committee. Chris received his J.D. from The University of Chicago and his B.S. in Engineering from Marquette University. He is registered to practice before the USPTO. He is a frequent contributor to CNN and Bloomberg TV on IP issues, and often called upon to provide comment to other media outlets, including The New York Times, NPR and The Wall Street Journal.