Perry is a noted pioneer in design law, and has been referred to as the design law “guru”, having specialized in this field for over 30 years. During his long career, he has worked on cases involving many famous designs.
About Perry Saidman
Perry coined the phrase “design law” when starting his design patent practice before anyone else was calling themselves a design lawyer.
Having obtained a master’s degree in electrical engineering, Perry drew upon his many previous years of experience in utility patent matters when devising analogous strategies to deal with design patent issues.
In addition to having prepared and prosecuted thousands of design patents, he has successfully represented clients in ground-breaking cases that have established the enforceability of design patents in court. The first and most famous of such cases was Avia v. LA Gear where the U.S. Court of Appeals for the Federal Circuit in 1988 affirmed a summary judgment holding that two design patents were valid and willfully infringed, entitling the design patent owner to increased damages and attorney fees. Thus began the slow and steady climb in the popularity of obtaining design patents as a core component of a company’s IP strategy, culminating perhaps in the landmark Apple v. Samsung litigation involving a 2012 jury award of over $1 billion based on Samsung’s infringement of three of Apple’s design patents covering its iconic iPhone. Perry penned an amicus curiae brief on behalf of several corporate design patent rights holders when the case reached the Supreme Court four years later on the issue of total profit damages under 35 U.S.C. 289.
“I will fight for you and for the protection of your designs. I am meticulous, collaborative, diligent, responsive, creative, and have over 30 years of experience in the field. Members of professional associations, colleagues, and clients acknowledge that I am one of the foremost experts when it comes to design patents.”
DESIGN PATENT ENFORCEMENT AND LITIGATION
Perry has investigated and analyzed potentially infringing products, drafted cease and desist letters to infringers, and negotiated with them in an effort to settle disputes short of litigation, with the goals of getting the infringing product off the market and secure money damages from the infringer.
In the event negotiations are unsuccessful, Perry has partnered with outside litigation counsel, serving as a design patent law expert during discovery, reviewing petitions, motions, briefs, and other court documents.
