Design Law 2022

Directors Tracy-Gene G. Durkin, Daniel A. Gajewski, and Ivy Clarice Estoesta will speak at the Design Law 2022 conference on Wednesday, October 26, 2022 in Washington, DC. The conference is co-hosted by Sterne, Kessler, Goldstein & Fox and Banner Witcoff with Durkin serving as the co-chair.

Durkin will moderate the following sessions:

• After Surgisil and Curver, what is the scope of a design patent? How much does (and should) the title matter for validity and infringement of a design patent?
• 35 U.S.C. Section 103 – After Campbell, how do (and should) secondary considerations of non-obviousness matter in design cases and when can an incomplete disclosure serve as a proper Rosen reference?
• Town Hall and Wrap-Up

Gajewski will speak on the session “35 U.S.C. Section 103 – After Campbell, how do (and should) secondary considerations of non-obviousness matter in design cases and when can an incomplete disclosure serve as a proper Rosen reference?”

Esteosta will speak on the session “35 U.S.C. Section 102 – From Hupp to International Seaway, how did we get the new “anticipation test” and does it make sense for design patents before courts or the USPTO?”

The full agenda, presentations, and speaker biographies can be viewed here.