Saidman DesignLaw Group

Latest News

Browse Archive by Year

  •  

    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, extending protection to even functional elements of products and packaging.

    View PDF of full newsletter

    Posted: 05-20-2010

     

  • Garfield Goodrum Coordinates Case Summary Project for AIPLA's Copyright Committee

    Garfield Goodrum is coordinating the AIPLA Copyright Committee’s new Case Summary Project for the Association. The Committee has long desired to report quarterly to the AIPLA membership on recent Copyright decisions of interest. Garfield and Saidman associate Jason Somma are organizing the endeavor, leading volunteer practitioners and law students in preparing summaries and providing summaries themselves, particularly on design-related cases, including those involving useful articles, separability issues and pictorial, graphic and sculptural (PGS) and architectural works.

    If you would like to assist in the effort, please contact Garfield. 

    Posted: 04-28-2010

     

  •  

    Patently - O (Patent Law Blog)

    March 22, 2010

    Design Patents and Repair Parts

    On Monday, March 22, 2010, the House of Representatives held hearings on design patents and automobile replacement parts. Even when they offer no technologic advantage, many automobile body parts are protected through design patent. This allows the original manufacturers control over the repair-parts market as well.

    On the table was H.R. 3059, which 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 have lobbied in favor of the bill because it would be expected to reduce automobile repair costs -- especially for newer model vehicles. Leading design patent attorney Perry Saidman testified against the bill.

    View Entire Blog Entry (Patently-O)

    View PDF of Perry's entire Written Statement

    Posted: 03-25-2010

     

  •  

    DesignLaw Perspectives

    Vol. 3 No. 7 November 2009

    $774,000 Jury Verdict for Willful Copyright Infringement

    On November 6, 2009, Ltd., SAIDMAN DesignLaw Group principal Garfield Goodrum secured a jury verdict of $774,000 for willful copyright infringement in a visual design case on behalf of client Design Ideas, Ltd. against national retailer Things Remembered, Inc. Design Ideas, Ltd., v. Things Remembered, Inc., Case No. 3:07-cv-03077 (C.D. Ill. Filed March 16, 2007.) The case demonstrates copyright's power and efficiency in protecting every-day, useful objects.

    View PDF of full newsletter

    Posted: 11-20-2009