Brendan O’Dea to Speak on Design Patent Battlegrounds at Intellectual Property Owners Association Annual Meeting

Womble Bond Dickinson IP attorney Brendan O’Dea will be a presenter at the Intellectual Property Owners Association (IPO) 2022 Annual Meeting. O’Dea will take part in a panel discussion on “Design Patent Battlegrounds in the U.S.”

Recent case law has sparked debate related to various design law jurisprudence. Is a design limited by the recited article? Can a would-be infringer avoid liability by simply applying trademarks or other branding to the product? Historically no, but recent Federal Circuit holdings have taken a 180 degree turn, and without thoughtful filing strategies, applicants may be surprised when trying to enforce their design rights. The panelists will review these cases, including In re Surgisil and Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., and discuss their implications, how applicants can avoid unintentionally limiting rights, and what may be on the horizon. 

Joining him in the panel discussion will be Kerith Kanaber of Dorsey & Whitney LLP and Perry Saidman of Perry Saidman LLC.

The IP Annual Meeting takes place Sept. 18-20 in Los Angeles.