Wednesday, 04 September 2013 14:23

WHAT YOUR BUSINESS CAN LEARN FROM APPLE V. SAMSUNG: DESIGN PATENTS CAN BE VALUABLE

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Much has been written about the Apple v. Samsung patent dispute, with some claiming it goes too far and others claiming 'transparent' copying should justly be punished.  One thing that cannot be disputed is the value of a design patent.  As seen below, when consumers like the way something looks, others will migrate to that look, setting up a potentially strong case for design patent infringement, even as lawyers argue over the meaning of words in a related utility patent. Oh, and by the way, if you win, no need to settle for a reasonable royalty, as by statute, design patent infringement damages are set as profits.

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Another important element that makes design patents, a beneficial, and relatively low cost patent portfolio supplement, is that copyists are by their very nature 'lazy', and their manufacturers, afraid of un-knowingly leaving out something that was important to the product, are often painstakingly diligent in their efforts to duplicate.  As a result, a shotgun approach to securing the look of your innovations, in addition to their functionality, can often provide you with a hidden gem in your battle to secure your market position.

Read 2892 times Last modified on Tuesday, 30 April 2013 17:59
Peter Matos

As a Registered Patent Attorney with a degree in Mechanical Engineering from Rensselaer Polytechnic Institute and a law degree from the University of Miami, Mr. Matos is a Partner with the Firm, is Board Certified as an Expert in Intellectual Property Law, and concentrates his practice in the areas of Patent Prosecution, Litigation, Licensing, and Infringement Opinions. He has been rated as AV Preeminent by Martindale-Hubbell, also receiving a Judicial AV Preeminent Ranking, and presently serves as an adjunct professor in Intellectual Property Law at Florida International University, as well as the Vice Chair of the Miami Beach Convention Center Advisory Board. In addition to serving as an expert witness in the field of patent law, he has appeared on several national and local television programs discussing intellectual property, guest-lectured for business associations, law school and paralegal courses, and spoken at various professional conferences.  Mr. Matos is a published author in the field of Intellectual Property Law and is fluent in Spanish.