Remove 2021 Remove Design Patent Remove Designs Remove Patent Infringement
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.

article thumbnail

Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

JD Supra Law

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

article thumbnail

Design Patents are Heating Up at the Federal Circuit, Again

LexBlog IP

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 2021-2299, 21-2338 (Sept. 2021-2299, 21-2338 (Sept. Design Patent No. In the decision, captioned Columbia Sportswear North America, Inc. 4th 1380, 1382 (Fed.

article thumbnail

“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed

Intellectual Property Law Blog

2021-2299, 2021-2338 (Fed. 15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. In Columbia Sportswear North America, Inc. These products (e.g.,

Art 162
article thumbnail

Peloton, Lululemon and Nike Patent Infringement Lawsuits: Practical Intellectual Property Considerations

IPilogue

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings. Pina D’Agostino’s Directed Reading: IP Innovation Program course.

article thumbnail

When Trademarks and Design Patents Intersect: Making Waves in Columbia v. Seirus

JD Supra Law

For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., By: Jones Day