JD Supra Law

MAY 23, 2024

In a dispute over the validity of design patents covering the fenders of GM’s 2018-2020 Chevrolet Equinox, the Federal Circuit overturned its own long-standing Rosen-Durling “rigid” standard for assessing obviousness of design patents, returning to a “flexible” standard that will make it easier for parties to challenge the validity of design patents (..)

Design Patent 66

Design Patent Design Designs Patent 66

IP Tech Blog

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore.

Design Patent 57

Design Patent Design Designs Patent 57

JD Supra Law

MARCH 4, 2022

Continuing the trend that we analyzed in May 2020, petitions to the US Patent and Trademark Office Patent Trial and Appeals Board (PTAB) requesting inter partes review or post-grant review for design patents maintained an institution rate well below 50% in 2020.

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Design Patent Design Designs Patent 52

Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

Design Patent 52

Design Patent Patent Infringement Design Designs 52

LexBlog IP

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore.

Design Patent 52

Design Patent Design Designs Patent 52

JD Supra Law

MARCH 9, 2022

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general exclusion order (GEO)—issued in Section 337 investigations by the US International Trade Commission (ITC).

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LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § ” [6].

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Design Patent Art Design Designs 52

IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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Design Patent Art Design Designs 52

LexBlog IP

JUNE 14, 2022

design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2012.

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Design Patent Design Designs Patent 52

LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. In addition to challenging the Federal Circuit’s 2020 decision in Columbia v. Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc.

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Design Patent Design Designs Art 52

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 2020-1940 (Oct. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e.,

Design Patent 52

Design Patent Design Designs Patent Law 52

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. Turning to our findings, we begin with Universal Robots’ “UR5” robot arm.

Design 75

Design Designs Copyright Design Patent 75

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.

Design Patent 52

Design Patent Design Designs Patent 52

JD Supra Law

MARCH 10, 2022

Like 2020 before it, 2021 has been a year of change for global design protection. Countries like Korea continue to update their rules to deal with the realities of modern, virtual design. China enacted a big modernization to its design laws, bringing them more in line with international norms.

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Design Designs Design Patent Law 52

IP Close Up

FEBRUARY 13, 2024

Between 2005 and 2020 the number of U.S. design patent grants almost tripled. The increased focus on product form (“look”) as a part of function, Continue reading

Design Patent 74

Design Patent Design Designs IP 74

Patently-O

OCTOBER 8, 2021

36 Judgment without any opinion (the original complaint included some design patents as well). This is an interesting new trademark petition that suggests some nuance from the Court’s 2020 decision in BOOKING.COM. On appeal, the Federal Circuit affirmed in a R.36 Australian Leather has now petitioned to the U.S.

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Trademark Registering Trademarks Licensing Design Patent 136

Patently-O

OCTOBER 30, 2022

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. It is clear, from reading the decision, that the design patent infringement claims lacked merit.

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Design Patent Design Designs Art 98

LexBlog IP

JULY 7, 2023

Last week, the Federal Circuit decided to consider, en banc , whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness. In re Rosen , 673 F.2d 3d 100 (Fed.

Design Patent 40

Design Patent Design Designs Patent 40

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.

Design 52

Design Designs Design Patent Intellectual Property 52

JD Supra Law

OCTOBER 8, 2021

In In re SurgiSil LLP, [2020-1940] (October 4, 2021), the Federal Circuit reversed the Patent Trial and Appeal Board’s decision affirming an examiner’s rejection of SurgiSil’s design patent application No. 29/491,550 on an “ornamental design for a lip implant as shown and described.”.

Patent 66

Patent Design Patent Patent Application Design 66

LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

Design 40

Design Designs Design Patent Litigation 40

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Brands 72

JD Supra Law

AUGUST 30, 2021

2020-2344, 2021-1019] (August 19, 2021), the Federal Circuit reversed the PTAB determination that U.S. Design Patent Nos. In Campbell Soup Company v. Gamon Plus, Inc., D612,646 and D621,645 would not have been obvious. By: Harness, Dickey & Pierce, P.L.C.

Design Patent 52

Design Patent Design Designs Patent 52

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. 2020-1940, 2021 WL 4515275 (Fed. In re Surgisil, L.L.P.,

Patent Application 72

Patent Application Patent Prosecution Art Patent 72

SpicyIP

JANUARY 23, 2023

The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Novartis patent set aside on procedural grounds by Delhi High Court.

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LexBlog IP

MARCH 8, 2022

Ferrari was issued a new design patent D945,320 titled, “Car, Toy Car Replica And/Or Other Replica.” ” While this patent does not mention the specific model of vehicle for the design, the look bears similarity to the Scuderia Ferrari SF1000 that raced in the 2020 Formula One season.

Design Patent 52

Design Patent Patent Intellectual Property Design 52

Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” The statutory subject matter provision for design patents, 35 U.S.C. §

Design Patent 59

Design Patent Design Designs Patent Application 59

LexBlog IP

JANUARY 14, 2022

From October 1, 2020 to November 30, 2021, 1629 petitions were filed at the Patent Trial and Appeal Board (PTAB). Mechanical and business method petitions are second, biopharma petitions third, chemical petitions fourth and finally, design patent petitions last. 20, 2020, designated as precedential May 5, 2020).

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Settlement Design Patent Design Designs 52

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. It covers architectural design, software, graphic arts, motions pictures, sound recordings, and more, and it is adaptive to new technological advances that would likely apply to NFTs.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

AUGUST 19, 2021

Gamon Plus, Inc. , [2020-2344, 2021-1019] (August 19, 2021), the Federal Circuit reversed the PTAB determination that U.S. Design Patent Nos. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described. Design Patent No.

Design 52

Design Designs Inventor Design Patent 52

The IPKat

SEPTEMBER 28, 2021

As for long-term goals, ‘The Outline’ (2008) put forward the idea, among other things, that by 2020 China would become a country with an elevated level of creation, utilisation, protection and administration of IPR. the number of high-value invention patents per 10,000 population) will be presented clearly and fulfilled timely.

Intellectual Property 76

Intellectual Property Invention Government Patent 76

The TTABlog

DECEMBER 31, 2021

Crowded Field of Third-Party Registrations and Uses Leads to TTAB Reversal of "MATCH STUDIO" Over "MATCH" for Clothing Licensee's Prior Common Law Use Established Priority for "SNORE MD" Mark TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

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Registration Cinema Trademark Reporting 69

Indiana Intellectual Property Law

AUGUST 25, 2021

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”).

Patent Infringement 52

Patent Infringement Patent Design Patent Technology 52

Patent Trademark Blog

AUGUST 7, 2024

In fact, Track One utility patent applications had an average success rate of over 86% for the decade starting from 2011 to 2020. In 2020, Track One had an average success rate of 89% compared to 81% for non-prioritized utility applications.

Patent Application 52

Patent Application Patent Art Design Patent 52

LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

IP 52

IP Intellectual Property Design Patent Copyright Infringement 52

SpicyIP

OCTOBER 9, 2024

Two single judge benches comprising Justice Ravi Krishan Kapur (for IPR matters 2020 onwards) and Justice Krishna Rao (for IPR matters upto 2019) have also been notified in the new roster. The Delhi HC and Madras HC are the other two HCs with a dedicated IP Division and the Karnataka HC has already formed a sub-committee for the same.

Intellectual Property 59

Intellectual Property Publishing IP Law 59

LexBlog IP

APRIL 12, 2022

INVENTION OVERVIEW: Filed January 22, 2020. This would appear to be the design patent for the Ferrari 2020 F8 Tributo, a mid-engine V8 released in May of 2020.   Automobile. Ferrari US PAT.

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Patent Invention Intellectual Property Technology 52