Article · Intellectual Property

Litigating Design Patents: From Claim Construction to Total-Profit Damages

Type
Article
Jurisdiction
National
Date
2024-12-21
Topic
Intellectual Property

A design patent is cheap, narrow, and quietly one of the most dangerous instruments in the patent system, because a single ornamental claim can capture an infringer's entire profit on a product. This library article follows a design case from beginning to end: how a court construes a claim built of drawings, how the ordinary-observer test descended from Gorham Co. v. White and made sole by Egyptian Goddess v. Swisa decides infringement, and how functionality and the post-LKQ obviousness standard now threaten validity. It explains 35 U.S.C. § 289's total-profit remedy and how Samsung Electronics Co. v. Apple Inc. reworked the "article of manufacture" question that determines the size of the base. Along the way it covers willfulness, the marking trap, injunctions, and the International Trade Commission, with invented worked examples grounding each doctrine. Read it before you assert or defend an ornamental claim.

Litigating Design Patents: From Claim Construction to Total-Profit Damages

Intellectual Property > Patent Litigation | Published 21 December 2024 - Updated 28 January 2025 | UpLaw - uplaw.us

A design patent claims a picture, not a paragraph, and that one fact reorganizes everything about how these cases are prosecuted, tried, and valued. This guide walks the full arc of a design case, from a claim built of drawings through the ordinary-observer test to the total-profit damages that make general counsel nervous.

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