Jeffrey Ahdoot is Senior Litigation Counsel at Blackbird Technologies. Mr. Ahdoot has extensive experience representing patent owners in complex patent litigation matters before federal district courts, the United States Patent and Trademark Office, the International Trade Commission (ITC), and the Federal Circuit. Mr. Ahdoot has litigated patent infringement cases involving a wide range of technologies, including mechanical devices, software applications, medical devices, business methods, electrical devices, digital display and image processing, pharmaceuticals, wireless networking systems, internet technology, GPS systems, and many other technologies. Mr. Ahdoot also has considerable trial experience, having represented patent owners in numerous jury trials in federal district court.
Design patents provide powerful protections both on their own and as a complement to their more well-known cousin, utility patents. The highly publicized Apple v. Samsung lawsuits of the previous decade featured both design and utility patents, and revitalized public awareness of design patents in general. In fact, it was infringement of the design patents that resulted in the large damages awards in those litigations, with three design patents resulting in an award of $533.3 million and two utility patents only $5.3 million. Beyond the likelihood of greater money damages, as compared to their utility patent counterparts design patents are also less expensive to obtain and hold, offer simpler determinations of infringement and validity, and are less susceptible to being invalidated (whether, e.g., for non-patent eligible subject matter or via a post-grant procedure). As such, design patents are more likely to survive, potentially resulting in substantial damages for the patent holder.