Nathan Sabri authored an article for Law360 sharing tips for intellectual property litigators preparing to dive into design patent cases.
“The Patent Act states that the provisions relating to utility patents ‘shall apply to patents for designs, except as otherwise provided,’” Nathan wrote. “But as anyone who has litigated a design patent case knows, the two are worlds apart. In practice, the test for infringement is different; the test for invalidity is different; the remedies can be different; and many critical doctrines are relevant only to design patent cases.”
Read the full article.