Perry Saidman is a recognized pioneer in design law. He has more than 40 years of experience providing strategic advice and design protection and enforcement strategies for large, mid-sized and startup companies, both nationally and internationally. His expertise in prosecution issues facilitates resolution of difficult or unusual cases. In 1988 he litigated the seminal design patent infringement case Avia Group Int’l. v. L.A. Gear Cal. Inc., 853 F.2d 1557 (Fed. Cir.). Over the years he has authored notable appellate briefs, including as amicus curiae on behalf of Apple Inc. in the Federal Circuit’s 2008 en banc decision of Egyptian Goddess v. Swisa, and in the Federal Circuit’s 2014 case Apple v. Samsung. When the U.S. Supreme Court granted certiorari in that case, he penned an amicus curiae brief on behalf of 14 companies regarding the total profit rule of 35 U.S.C. § 289.
As a prolific author and speaker, and in his private practice, Perry takes on many seemingly intractable design law issues of the day, including functionality, anticipation, obviousness, infringement and damages. He is very active in bar associations, including the Design Rights Committee of the IPO, INTA’s Design Rights Committee, and AIPLA’s Industrial Designs Committee which he founded in 1989. He attended the 2016 AIPPI World Congress in Milan as a member of the Designs Study Group which led to passage of a resolution focusing on functionality.
He has taught "Design Law" as an adjunct professor at G.W. Law School, and testified before the House Judiciary Committee of the U.S. Congress regarding the auto replacement parts bill. His most recent papers involve the hot button issues of the Written Description requirement under sec. 112, Functionality, and determining the Article of Manufacture under 35 U.S.C. 289.