Saidman DesignLaw Group

News Archive

Back to Latest News | Browse Archive by Year

  • Japanese Delegation Visits SAIDMAN DesignLaw Group to Discuss U.S. Laws

    Japanese Delegates

    On July 19, 2004, a delegation of four prominent design legal professionals from Japan, headed by Mr. Norio Mori, Director of the Design Division of the Japan Patent Office (JPO), visited the offices of SAIDMAN DesignLaw Group. The group met extensively with Mr. Perry Saidman to discuss various aspects of U.S. design patent law to assist them in considering drastic revisions to the design registration system in Japan.

    The main topics discussed were: the scope of US design patents; design patent infringement criteria; the degree of difference necessary in applying the 'ordinary observer' test to find/avoid infringement; multiple embodiments in design patents; how to obtain broad U.S. design patent protection; shortened pendency times for U.S. design patent applications; and the future of U.S. design patents and the effect of various court holdings. Mr. Saidman showed the delegation various slides from his PowerPoint database to demonstrate the many principles under discussion.

    The delegation also included two Deputy Directors from the Legislative Affairs Office of the JPO, Mr. Jiro Kida and Ms. Naomi Kimoto; and Mr. Hiroshi Kitaoka, Director of the Washington Office of the Institute of Intellectual Property.

    View PDF of the letter appreciation the delegation sent after their meeting.

    Posted: 2004

     

  • Saidman Files Amicus Brief on Behalf of IDSA

    In the summer of 2004, Perry Saidman, with the assistance of associate Allison Singh, was engaged to prepare and file a brief Amicus Curiae in the U.S. Supreme Court on behalf of the Industrial Designers Society of America (IDSA) in a design patent case, Minka v. Craftmade. The brief focused on one issue: should the Markman requirement that a court construe the meaning and scope of a patent claim, as a prelude to determining infringement, apply to design patents? The IDSA took the position in the brief that it should not.

    A short article explaining the position of IDSA was published in the IDSA newsletter, design perspectives, in August, 2004.

    The U.S. Supreme Court subsequently declined to review the Minka v. Craftmade case. However, Perry has written a paper echoing the same theme, "The Death of Gorham Co. v. White: Killing It Softly With Markman."   This paper will hopefully spread the word to design patent owners and their lawyers about this significant issue, so that perhaps others will be making similar arguments in their cases so that the law may eventually be changed.

    View PDF of the IDSA Certificate of Gratitude for the Amicus
    View PDF of IDSA article, titled "Legal Eagle: Lawyer Warns of Eroding Patent Protection"
    View PDF of Perry's paper "The Death of Gorham Co. v. White: Killing It Softly With Markman"

    Click Here to visit the TTABlog on this topic

    Posted: 2004