Design Patent Data: Firms Navigate Enforcement Spike

Tracy-Gene Durkin, director and head of Sterne Kessler’s Mechanical & Design Practice group, spoke with Managing IP to discuss the rise in design patent litigation, which has been increasing in U.S. district courts, specifically the Northern District of Illinois where cases have surged thanks to “Schedule A” filings. These cases allow multiple defendants to be sued in a single action, making enforcement against infringing sellers more efficient. The court’s willingness to grant quick actions, such as ex parte seizures, has made it a popular venue for such cases.

Tracy says that Sterne Kessler has been involved in a few of the “Schedule A” disputes, but isn’t actively going after this kind of work. Tracy goes on to comment that she hasn’t seen an increase in clients wanting to file design patent litigation. However, she has seen an uptick in clients seeking to notify Amazon that they have design patents so the e-commerce site will take down infringing listings. She notes that there’s a lot of enforcement that doesn’t make it to litigation.