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This post will focus on another key issue from the case – the relevance of logos in designpatentinfringement 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.
22, 2023) - The Kohler Co. is pursuing designpatentinfringement claims for one of its many fixtures. The Wisconsin-based company says an importer is profiting from Kohler’s designs and has filed a patentinfringement lawsuit to stop Sweethome from selling certain faucets. com, Case No.
Designpatents and utility patents are two different things. Designpatents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,
15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patentinfringement action filed by Columbia Sportswear against Seirus Innovative Accessories. DesignPatent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. These products (e.g.,
Addressing a matter of first impression concerning the scope of prior art relevant to a designpatentinfringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.”
The United States Patent and Trademark Office (USPTO) issued its one millionth designpatent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for designpatents.
by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running designpatent dispute with Columbia Sportswear. Federal Circuit’s 2023 Decision. Columbia’s designpatent claims an “ornamental design of a heat reflective material” as shown in the figures. 3d 665 (Fed.
Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in designpatent cases. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. DesignPatent No.
On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) The FAC alleged, inter alia, patentinfringement of both utility and designpatents by promotional vehicles supplied by Aardvark Event Logistics, Inc. recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. Aardvark”).
DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. Precedential and Key Federal Circuit Opinions - NETFLIX, INC. The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art.
Designpatents and utility patents are two different things. Designpatents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,
Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same designpatent, U.S. Seirus Innovative Accessories, Inc. and Curver Luxembourg, SARL, v. Home Expressions Inc.
15, 2023), the Federal Circuit vacated a jury verdict of non-infringement in a design-patentinfringement action filed by Columbia Sportswear against Seirus Innovative Accessories. In Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed.
Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.
by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running designpatent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. DesignPatent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,
Other Posts COVID-19 Vaccine PatentInfringement? 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 patentinfringement allegations made by Moderna.
15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patentinfringement action filed by Columbia Sportswear against Seirus Innovative Accessories. DesignPatent No. In Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc.
3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patentinfringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Williams-Sonoma, Inc. Wayfair Inc., 1:21-12063-PBS (D.
In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its designpatent on a head shaver. The patent-in-suit is U.S. D693,060 (“the D’060 patent”) for an electric head shaver, and the accused product is a Flawless Legs Shaver, which is itself covered by U.S.
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