Sterne Kessler Goldstein Fox

Long before other law firms saw the value of design patents, we were developing comprehensive design patent programs to protect the ornamental appearance of products and using them to eliminate knock-offs.  Recognition of the unique feature of design patents - the ability to disgorge the profits made by the infringer of a design patent - has enabled us to establish some of the most cost-effective enforcement programs in the country. 

There are few, if any law firms in the country with more experience in procuring and enforcing design patents.  We were one of the first firms to challenge the conventional wisdom that cloaked the perception of design patents.  Historically, there were two complaints lodged against the design patent system: design patents take too long to get and their scope is too narrow.  By developing close relationships with the design examiners at the U.S. Patent & Trademark Office and by understanding what causes examination delay, our design patent attorneys can quickly and effectively usher patent applications through the system.  Through our close relationship with design examiners, we have educated them about the importance of design patents and the need to have patents issue quickly.  These efforts have, in part, been responsible for a new examination system that provides more rapid examination.

We also dispelled the traditional notion that a design patent must claim the entire product, which can result in narrow protection. We have obtained hundreds of design patents on features of a product, rather than on the product as a whole.  This gives you more flexibility when it comes to stopping knock-offs. We also use continuing applications to ensnare copiers who draw inspiration from your designs, even when those designs are not exact copies.

Enforcement

We see design patents as potential profit centers.  We have been lead counsel in scores of knock-off cases resulting in millions of dollars in damages from design patent infringements.  When settlment negotiations prove fruitless, we routinely seek to have design patent cases mediated in order to obtain a quick result.  Where appropriate, we move for preliminary injunctions and summary judgment in order to cost-effectivelly resolve the case.