Lengthy post, be warned...
patents & copyrights will continue to be effective as long as it is renewed. most of the time, the owner finds it costly to do a subsequent renewal because the profitability of the product has waned. however, the owner will take pain to do so if he finds the product still showing signs of increasing returns. the Les Paul's design is a perfect example, compared to recent expiry of Ibanez's Edge/ Lo-pro edge trem design.
the legal boundary of this suit is based on the registration within the jurisdiction, meaning, gibson can sue PRS' socks off because they are both operating within the same boundary (ie USA) where the LP design is a registered intellectual property, one protected by the court of law. gibson had successfully proven in court that there were design infringements, the basis of which was that the PRS singlecut was a direct attempt to copy the distinctive design originated by gibson. on this merit, gibson was victorious but the court, in passing, cautioned that the single cut design isn't entirely unique in this respect. and we all know that Fender & others before him (Bigsby & others...) were dabbling with the singlecut solidbody design even before Gibson's emergence in this market... with me so far?
i have a brief follow up on this matter: PRS is pursuing the matter because they are confidant that their appeal would pull through. the onus now is on them to prove that although there were marked similarities, players can differentiate between a Les Paul & the PRS Singlecut without any difficulties. i can say that it's pretty much a done deal. any enthusiasts can even tell these guitars apart with the headstock covered, yes? because it's DIFFERENT, that's all there is to it.
the design aspects aside, i see the bigger picture here: Gibson isn't about to let their coffers be plundered by a geek luthier who's fast carving out a name for himself. it'll be an uphill battle should gibson neglect the Les Paul & embark on a new niche design for themselves, it's a self-defeating process since the LP is already an established design in the guitar industry. :roll: it seems that i'm an advocate for PRS eh? but it's a twofold effect, all this legal affair would force gibson to innovate & keep up their quality control, which is sadly on the decline with reference to the off-the-shelf guitars. without gibson, there won't be a PRS...