Identifying the Article for Design Protection: Anticipation, Obviousness, Infringement and Damages

Director Tracy-Gene G. Durkin will co-present the concurrent CLE session “Identifying the Article for Design Protection: Anticipation, Obviousness, Infringement and Damages” at IPLSPRING: 2023 ABA-IPL Section Annual Meeting in Washington, DC. The session will occur on Thursday, April 13, 2023 at 11:00 a.m. ET.

Session Overview

Identifying the Article of Manufacture for Design Protection has drawn increased attention following recent decisions from the Supreme Court and Federal Circuit, and might now more explicitly impact (i) prior art analysis for anticipation (novelty) and obviousness, (ii) infringement scope and comparison prior art, and (iii) damages from an infringer’s profit. Join us as we explore the latest developments in design patent jurisprudence, consider design patent prosecution and litigation strategy, and explore how the issue is handled in other major global design rights jurisdictions.