Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

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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The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

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Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Practice Tip: The current design patent term, if filed on or after May 13, 2015 is 15 years from the date of grant.

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Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work. Design Patent No.

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LexBlog IP

OCTOBER 20, 2021

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

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Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

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Design Designs Cease and Desist Design Patent 74

IP and Legal Filings

SEPTEMBER 12, 2024

This case led the way in design patent damages and underscored the importance of innovation protection in a fast-moving technology sector; it also pointed out how difficult it has become to distinguish functional from ornamental features on modern electronic devices. [2] 3d 983 (2015). 3d 983 (2015). [3] 47 of 1999.

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LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Design Patent No. Annotated versions of Figure 1 of U.S.

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LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season. 5] Home Design Servs., ” [8].

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. JBL pointed to its ownership of seven design patents for rocking chairs of the same or a very similar configuration. pdf here ]. Welch 2023.

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LexBlog IP

APRIL 25, 2023

GM Global Technology Operations LLC [2] , a pair of per curium opinions designated nonprecedential, the Federal Circuit recently rejected arguments that the Supreme Court’s KSR Int’l v. 3] decision overruled the tests for obviousness of design patents established in Durling v. Telflex, Inc. [3] Spectrum Furniture Co.,

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IP and Legal Filings

OCTOBER 12, 2022

This IP protection ensures that other designers, whether direct competitors or producers of knock-off jewelry or imitation jewelry, do not ruin their reputation or copy their designs so as to reduce the value of their jewelry and lose out on potential sales. Among the patents were a ring, pendant and necklace with the panther design.

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Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Design patents are great for new designs that are expected to be sold beyond a single year or season. 5] Home Design Servs., 1] 17 U.S.C. §

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Intellectual Property Design Patent Design Designs 40

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment. January 6, 2015. Registration Date. OPTISELECT. May 16, 2017.

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SpicyIP

SEPTEMBER 4, 2024

. & Another , dismissed a patents and designs infringement suit for failing to comply with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015.

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SpicyIP

JANUARY 23, 2023

Other Developments Novartis’ heart failure drug, Entresto to go off patent this month. Of 55,607 URLs blocked in India between January 2015 and September 2022, 46.8 Parminder Singh Sethi sets the record for achieving the maximum number of patents from a foreign patent agency.

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Design Designs Invention Registration 105

Patently-O

APRIL 12, 2024

About the Design Law Treaty: At its core, the DLT aims to simplify and harmonize the procedural requirements for obtaining registered industrial design rights across national and regional intellectual property (IP) offices. In the US, these are design patent rights.

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SpicyIP

OCTOBER 23, 2023

However, the High Court seemingly missed taking into account a key detail that the relevant copyright infringement suit was disposed of in 2015. Indian Performing Rights Society Ltd. held that instituting a subsequent copyright infringement suit will render a suit against the groundless threats of legal proceedings u/s 60 infructous.

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Design Designs Music IP 52

The TTABlog

JANUARY 15, 2025

For completeness, the Board noted that applicant owns a design patent, which "appears to cover" the proposed mark. The case law says that the existence of a design patent "'presumptively. indicates that the design is not de jure functional. In re OEP Enters., 3d at 1375). 3d at 1375). 3d at 1375)." pdf here ].

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

In recent years, there have been a number of high-profile litigations in the United States involving patents directed to each of the above-referenced components, including patent litigations related to cathodes, 13 anodes, 14 separators, 15 electrolytes, 16 battery cell packaging, 17 and battery module packaging.

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The TTABlog

MARCH 21, 2025

Applicant Kason's ownership of a design patent for the same design "presumumptively indicated that the design is not de jure functional," In re Becton, Dickinson and Co. , but utility patent evidence overcame that presumption. The question for design patentability is whether the design is the only one that works.

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43(B)log

FEBRUARY 3, 2024

Sex toys don’t seem to have been added until 2015. Stiffel: invalidated patent on another midcentury modern lamp. Attributed to Jens Risom, 1950s: a daybed can’t get a design patent, would need to flip up and fry an egg. Design patent protection: the justification is a puzzle. Moral considerations?

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Design Designs Law Design Patent 59