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    Course Information

1055  Industrial Design


No cost or obligation  
Course Length    94  minutes
Course Price    $ 119.00

Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

    Accreditation Information


Click on jurisdiction below for more details.
>>  1.00  credit    WA
>>  1.50  credits    CA  CO  DE  GA  IL  NC  NY  OH  PA  RI  TX  VA  WV

    About the Instructor(s)


  John Artz
Dickinson Wright PLLC

John S. Artz is a member in the Bloomfield Hills office of Dickinson Wright PLLC, where he heads the Litigation Group. His practice focuses on intellectual property with attention to the areas of automotive, gaming, copyrights, patents and trademarks. He has been lead counsel for numerous patent, trademark and copyright infringement actions and has secured favorable outcomes for the clients that he has represented in these areas.

In addition to his practice, Mr. Artz is a member of the Industrial Design Committee of the AIPLA, current co-chair of the Intellectual Property Law Group of the Federal Bar Association and past president and treasurer of the Michigan Intellectual Property Law Association.

In 1992, Mr. Artz graduated cum laude from Detroit College of Law with a J.D. He also holds a B.S. in mechanical engineering from the University of Michigan.



  Christopher Carani
McAndrews Held & Malloy Ltd

Christopher V. Carani is a partner at McAndrews, Held & Malloy, where he has been since 1995. His practice focuses on advising companies of any size, with special emphasis on securing and enforcing intellectual property rights dealing with patents, trademarks and copyrights. He possesses particular and extensive experience in the area of design law (design patents, trade dress, copyrighted design), having litigated numerous disputes and served as a consultant and expert in this highly specialized area of the law. He has also lectured extensively on the topic of design law.

In addition to his practice, Mr. Carani is the appointed chairperson of the Committee on Industrial Design for AIPLA and a member of the Intellectual Property Owners Association, Justinian Society of Italian American Lawyers and the Federation Internationale des Conseils en Propriete Industrielle.

Mr. Carani graduated from the University of Chicago with a J.D., and earned a B.S. from Marquette University.

Mr. Carani is a member of the bars of the U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Seventh Circuit, and U.S. District Court for the Northern District of Illinois. He is also registered to practice before the U.S. Patent and Trademark Office.



    Outline + Synopsis

Outline Synopsis
Industrial Design
    I. Current Issues
    II. Enforcing Design Patents
        A. Overview
        B. Scope of Protection
        C. Door-Master Corp. v. Yorktowne, Inc.
        D. Narrowing of Trade Dress Rights
        E. High Allowance Rate
        F. Defenses to Design Patents
    III. Invalidity Defenses Under § 112
        A. Increased Design Patent Scope
        B. Application of Fee (C.C.P.A. 1968)
    IV. 35 U.S.C. § 112(1)
        A. Invalidity Due to Indefiniteness
        B. Examples of Indefiniteness
        C. Article of Manufacture
    V. § 112 Issues
        A. Invalidity Defenses
        B. U.S. Design Patent 499,780
        C. Conclusion
    VI. Egyptian Goddess
        A. The Law in the Case
        B. Comparison of Designs
        C. Facts of Egyptian Goddess
        D. Analysis in View of the Prior Art
    VII. Post Egyptian Goddess
        A. Claim Construction
        B. Confusion About Validity Issues
        C. A Third Type of Test
        D. Post-Egyptian Goddess Cases
        E. Infringement Cases
    VIII. Wrap-up
        A. Recent Findings
        B. Question and Answer
    AfterWords®
    How to Obtain a Certificate


The presenters in this course take a thorough look at the world of industrial design. The first presenter takes a look at enforcing design patents, trade dress rights, defenses to design patents, with a discussion of 35 U.S.C. § 112. The second presenter discusses the Egyptian Goddess case and how it has affected the world of industrial design. He elaborates on such topics as prior art, claim construction, extra-ordinary observer and sliding scale tests, while providing numerous examples of infringement cases and their outcomes.




    Content Provided By

 

The American Intellectual Property Law Association (AIPLA) is a 16,000-member, national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. The AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright and unfair competition law, as well as other fields of law affecting intellectual property. Members represent both owners and users of intellectual property.

AIPLA was formed in 1897 in order to maintain a high standard of professional ethics, to aid in the improvements in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

To qualify for membership, applicants must be members in good standing of the bar of a court of record of the United States or any state. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries to be considered for membership, or be registered to practice with the Patent and/or Trademark Office of their country of citizenship. AIPLA also has student memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools. Approximately 70% of the active members are in private practice, 30% in corporate practice, with the remainder in the government or academia.

AIPLA holds three regularly scheduled conferences a year, Mid-Winter, Spring and Fall, at which the association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA holds many stand-alone seminars on specialized areas of intellectual property law at varying times of the year in locations around the United States. The association also produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published online three times a year), and CD-ROMs and tapes which include papers or speeches presented by speakers at the meetings. The AIPLA also publishes the Report of the Economic Survey biennially.

Furthermore, the AIPLA is actively involved in shaping U.S. intellectual property policy through its work on legislation and federal regulations affecting intellectual property cases in the U.S. courts. Internationally, the AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents, regularly participates in meetings of the World Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.




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1055  Industrial Design

Course Price     $ 119.00


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