IDSA Files Amicus Curiae Brief for ReHearing of Lawman v. Winner

The Industrial Designers Society of America (IDSA) has filed an Amicus Curiae brief in support of a rehearing of the Lawman v. Winner design patent case in the U.S. Court of Appeals for the Federal Circuit. In the Lawman case, the Court had held that the point of novelty in a design patent infringement determination cannot consist of a combination of old design elements. Perry Saidman, who filed the brief on behalf of the IDSA, said: This case, if allowed to stand, could be a disaster for design patent holders. After all, all designs are, at some level, a combination of known design elements. The Court made a fundamental error, and the IDSA has stepped up to the plate to try and correct it. Other organizations, notably NIKE and the American Intellectual Property Law Association (AIPLA) have also filed Amicus briefs. If the Court grants the petition for rehearing, there will be another round of briefs filed as well as oral argument.

View PDF of IDSA Amicus brief

Posted: 2006