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Webinar: Disgorgement of Profits for Design Patents: From the 19th Century to the 21st

This program offers 1 participatory MCLE credit. You must register in advance to participate.

Presented by the Patent Interest Group.

The webinar will provide an overview of the changes in design patent damages following the Supreme Court decision in Apple v. Samsung.  Design patents provide patent holders with unique opportunities and present defendants with unique risks arising from the separate and unique remedies that design patents provide – disgorgement of the “total profits” earned on the “article of manufacture” to which the design patent has been applied.  The scope of this remedy and its practical impact has been the subject of debates for over 100 years, starting with battles among carpet manufacturers in the 19th Century and continuing into battles among smartphone manufacturers in the 21st Century.  The webinar will discuss the unique issues that arise in design patent damages, with a focus on the Apple v. Samsung case, the Supreme Court’s decision on article of manufacture, and recent cases addressing design patent damages.

Moderator: Mieke K. Malmberg

Gregory Pinsonneault has more than sixteen years of experience providing consulting services and expert testimony for economic, financial, and business issues related to commercial litigation, primarily in the calculation of economic damages. He has consulted in a variety of complex litigation matters, with a focus on intellectual property disputes (including utility and design patent infringement, misappropriation of trade secrets, copyright infringement and trademark infringement). Mr. Pinsonneault has consulted on more than 200 different matters, and has been designated as an expert witness or non-litigation project lead in more than 80 matters.  In the Apple v. Samsung litigation, Mr. Pinsonneault served as a damages consultant for seven years and through three separate trials.  He is a Certified Licensing Professional, as well as a contributing member of several economic and intellectual property associations.

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