Remove 2021 Remove Copying Remove Design Patent Remove Designs
article thumbnail

Obviousness of a Design Patent

Patently-O

2021) [ OPINION ]. Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.”

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

No design patents for you!–Extension of Fox Factory Complicates Reliance on Indicia of Non-Obviousness

LexBlog IP

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. 19, 2021) (“ Gamon II ”). Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed.

article thumbnail

Breaking a Sweat Over Patents: Lululemon and Peloton’s Competing Lawsuits

IPilogue

Intellectual property law truly is incorporated in every aspect of society and the issue of lacking creativity in designing sports bras and leggings only reassures that statement. On November 24, 2021, Peloton Interactive Inc , known for its interactive exercise bike, sued Lululemon Athletica Inc.

Patent 106
article thumbnail

New from China: Light Administrative Injunctions Now Available for Patents, Designs, and Copyrights

IP Tech Blog

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. On June 24, 2021, the Shenzhen AMR issued its first injunction under the above described scheme. The Shenzhen ASM Experiment.

Designs 57
article thumbnail

New from China: Light Administrative Injunctions Now Available for Patents, Designs, and Copyrights

LexBlog IP

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. On June 24, 2021, the Shenzhen AMR issued its first injunction under the above described scheme. The Shenzhen ASM Experiment.

Designs 52
article thumbnail

Mmm, Mmm, Obvious

LexBlog IP

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.

Designs 52