Design Patent Litigation: Increasing the Probability of Success in Infringement Outcomes
Leveraging Science-Based Objective Ordinary Observer Test Surveys
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide design patent counsel in the application of the Gorham ordinary observer test in design patent litigation. The panel will review recent design patent decisions that result in undesirable subjective outcomes. The panel will also present validated large-sample consumer surveys and discuss the use of science-based, objective Empirical Ordinary Observer Test (EOOT) survey methodology. The panel will offer actual data from the recent application of the EOOT methodology and review the Daubert challenges asserted against the EOOT methodology.
Outline
- Recent design patent decisions that result in undesirable subjective outcomes
- Validated large-sample consumer surveys
- Use of science-based, objective EOOT survey methodology
- Actual data from the recent application of the EOOT methodology
- Daubert challenges asserted against the EOOT methodology
- Best practices for leveraging science-based objective ordinary observer test surveys
Benefits
The panel will review these and other key issues:
- How can counsel best utilize EOOT methodology surveys to increase the likelihood of success, both on summary judgment and at trial?
- What steps should counsel take to ensure the survey is properly defined and formulated to achieve counsel's intended goal?
- What are the best practices for practitioners to execute the survey to make sure the results are admissible?
Faculty
Charles L. Mauro, CHFP
Founder and President
MAURO Usability Science
Mr. Mauro is a Certified Human Factors Engineering Professional BCPE. He has personally managed over 4,000 research and... | Read More
Mr. Mauro is a Certified Human Factors Engineering Professional BCPE. He has personally managed over 4,000 research and development projects over his 40-year career as a leading expert in human factors engineering, product design, and design research.
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Chris Morley, MSc
Director of Research
MAURO Usability Science
Mr. Morley is a human factors engineer with extensive experience managing consumer product research programs involving... | Read More
Mr. Morley is a human factors engineer with extensive experience managing consumer product research programs involving levels of product/methodology/user group complexity, ranging from traditional to advanced. Mr. Morley closely supported development of the Empirical Ordinary Observer Test (EOOT) survey methodology and manages application of the EOOT in current litigation.
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Perry Saidman
Of Counsel
Saidman Design Law Group
Mr. Saidman is a pioneer in the field of design law, successfully representing clients in groundbreaking cases that... | Read More
Mr. Saidman is a pioneer in the field of design law, successfully representing clients in groundbreaking cases that have established the enforceability of design patents in court, cases such as Avia Group Int’l. v. LA Gear where the U.S. Court of Appeals for the Federal Circuit affirmed a summary judgment holding that two design patents on tennis shoes were valid and willfully infringed, entitling the design patent owner to increased damages and attorney fees. During his career Mr. Saidman has prepared, prosecuted and supervised thousands of U.S. design patents. He also has substantial experience in enforcement, having been involved in numerous design patent litigations both as counsel and as an expert witness. He has also penned many amicus curiae briefs in major cases before the Federal Circuit and Supreme Court.
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