Three recent decisions by the Federal Circuit continue to raise the profile of design patents. Two of the decisions — International Seaway Trading v. Walgreens and Croc v. ITC — are seen by many as increasing the value of design patents to patent holders: the first by concluding that the “ordinary observer” test is the sole test for assessing the anticipation of design patents, the second by overturning the ITC and providing guidance on claim construction and the application of the ordinary observer test. But in March the appellate court in Richardson v. Stanley Works, affirming a district court decision, made it clear that a design patent does not extend to any functional elements of the claimed article. A panel of experts will elucidate the cases and give a sophisticated appraisal of where design patents stand.
- Christopher V. Carani, McAndrews, Held & Malloy, Ltd.
- Robert S. Katz, Banner & Witcoff, Ltd.
- Damian Porcari, Ford Global Technologies LLC