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Design Patent: Invalid as Unduly Functional

Patently-O

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. Functionality : Design patents focus on ornamentality rather than utility. by Dennis Crouch.

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Animated GUI Design Patents

Patently-O

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. 183 (2013). Janis, Virtual Designs , 17 Stan.

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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Fish & Richardson Secures Favorable Jury Verdict for Seirus in Design Patent Battle Against Columbia Sportswear

Fish & Richardson Trademark & Copyright Thoughts

We are pleased that Seirus prevailed against Columbia’s claims of patent infringement,” said Christopher Marchese , trial counsel for Seirus and a principal in Fish’s Southern California office. The remaining questions for trial were liability and damages based on the utility patents and damages for the design patent.

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Fish Principals Author Law360 Article “How to Succeed in Design Patent Cases at the PTAB”

Fish & Richardson Trademark & Copyright Thoughts

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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Infographic | Valentine’s day patents

Olartemoure Blog

SYSTEMS AND METHODS FOR PROVIDING LOCATION-BASED CASCADING DISPLAYS US8606297B1 Inventors: Joel Joseph Simkhai, Scott Ryan Lewallen and Morten Bek Ditlevsen Assignee: Grindr LLC Date of Patent: Dec. That patent set the stage for other apps like Tinder and Bumble. Are you the heart-shape chocolate type?

Patent 105
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Written Description as a Subset of Novelty and Nonobviousness

Patently-O

The examiner found some great prior art from 2013, which predates this particular design application filing date. But, the design patent also claimed priority to Zahner’s prior utility patent application (Serial No. The basic problem, can be seen in the design patent’s perspective view shown below.