SOUTHFIELD, Mich. – Today’s General Counsel Magazine recently published an article written by Brooks Kushman shareholders Michael Turner and Tiffany Fidler, Ph.D. in an article titled “Design Patent Law After Curver Luxembourg, SARL v. Home Expressions Inc.”
In this article, Turner and Fidler discuss the popularly debated “article of manufacture” topic in design patent law and ways that practitioners can meet this requirement without limiting damages or infringement. The rules state that the title of the design must designate the particular article. A design patent is directed to an article of manufacture, which is designated in the title of the design patent. Design practitioners appropriately treat the title as part of the claim, and often pursue design patents with titles that both define an article of manufacture while remaining broad enough to avoid undue limitation of the claim scope.
Turner focuses his practice on domestic and foreign patent prosecution for mechanical matters, electromechanical matters, systems, business methods, and designs. His industry background in robotics and automation provides him with experience in various technologies and manufacturing processes, which he utilizes to protect his client’s intellectual property rights. Turner also counsels clients on procedures for filing domestic patent applications that meet the varying requirements for both domestic and international protection, particularly addressing the various international nuances associated with design patents.
Fidler’s practice centers on procuring domestic and foreign patents in mechanical and electromechanical matters and coordinating international patent portfolios. She is the co-chair of the firm’s patent prosecution group, and has experience representing clients ranging from Fortune 100 companies to start-ups. Fidler received her doctorate in Mechanical Engineering from the University of Michigan with a focus in the thermal fluid sciences and an interdisciplinary thesis in combustion and materials science. Her interdisciplinary background, as well as her experiences and successes in the scientific and academic communities, enable her to build relationships and connect with inventors to understand and protect advanced and emerging technologies.
Today’s General Counsel Magazine is a business law resource for General Counsel, CEOs, CFOs, and other C-Level decision makers written by peers in the style of Harvard Business Review. They publish articles for an audience of general counsel and other senior executives of major companies that are written in a clear journalistic style by senior-level practitioners.
The executive summary and full article can be found here.
