JD Supra Law

SEPTEMBER 26, 2024

2024-1398 (Fed. Opinion by Mazzant (sitting by designation), joined by Moore and Prost. Vascular Solutions LLC, et al. Medtronic, Inc., By: Alston & Bird

Design 66

Design Designs Patent 66

JD Supra Law

JANUARY 4, 2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks.

Intellectual Property 123

Intellectual Property Design Patent Litigation Design 123

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. It took nearly two decades of negotiation, but member states of the World Intellectual Property Organization (WIPO) have finally adopted the landmark Design Law Treaty (DLT) during the Diplomatic Conference in Riyadh on November 22.

Design 59

Design Designs Law Intellectual Property 59

JD Supra Law

MAY 24, 2024

On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for utility patents outlined in Graham v. John Deere Co. and KSR Int’l Co. Teleflex Inc. LKQ Corporation et al.

Design Patent 108

Design Patent Design Designs Patent 108

JD Supra Law

SEPTEMBER 30, 2024

On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. 6, 2024) (“Decision”), the PTAB applied the test pronounced by the Federal Circuit in LKQ Corp. 2024) (“LKQ”). In Next Step Group, Inc. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B.

Design Patent 63

Design Patent Design Designs Patent 63

JD Supra Law

OCTOBER 10, 2024

Opinion by Moore, joined by Taranto and Cecchi (sitting by designation). Provisur Technologies, Inc. Weber, Inc., 2023-1438 (Fed. By: Alston & Bird

Design 63

Design Designs Patent Technology 63

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 111

Design Patent Design Designs Graphic Design 111

JD Supra Law

AUGUST 23, 2024

Opinion by Cecchi (sitting by designation), joined by Moore and Taranto. Platinum Optics Technology Inc. Viavi Solutions Inc., 2023-1227 (Fed. By: Alston & Bird

Design 68

Design Designs Patent Technology 68

JD Supra Law

NOVEMBER 19, 2024

The American Law Institute launched an initiative designed to provide guidance regarding the legal issues arising from the growing ubiquity of AI. Several industry organizations have recently published AI guidelines, including the Digital Medicine Society (DMS), in partnership with Google and the Mayo Clinic.

Reporting 77

Reporting Publishing Design Designs 77

IP and Legal Filings

AUGUST 8, 2024

RISE OF PATENTS IN INDIA According to the report published by “The Hindu” on 26 th April, 2024 [5] , as evidenced by the rise in the filing of the patents, the innovations in India has seen a remarkable boom. EXAM II – Design Specifications and Drafting and Interpreting Patent. annual which is the most in the last two decades.

Patent 90

Patent Invention Inventor Patent Application 90

Kluwer Copyright Blog

OCTOBER 1, 2024

Photo by Markus Spiske on Unsplash Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. The Plenary kick-off meeting took place on 30 September 2024. The specific Working Groups (WGs) then will meet several times for drafting rounds between September 2024 and April 2025.

Copyright Law 66

Copyright Law Copyright Law Blogging 66

43(B)log

JULY 3, 2024

Louis Vuitton USA Inc, 2024 WL 3237591, No. 28, 2024) The court tosses out most of an independent fashion designer’s claims against LVMH, while preserving one copyright infringement claim based on a distorted checkerboard pattern. any and all designers and stylists.” 22-3742 (E.D.

Design 64

Design Designs Copyright Infringement Marketing 64

Patently-O

SEPTEMBER 8, 2024

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. A case in point is the Federal Circuit's September 3, 2024 decision in BBiTV v. Prometheus Laboratories, Inc. , 66 (2012), and Alice Corp. 208 (2014).

Patent 110

Patent Invention Designs Design 110

The TTABlog

SEPTEMBER 30, 2024

Section 2(a) - Deceptiveness: TTABlog Test: Is LEATHER MAN LTD & Design Deceptive for Belts Not Made of Leather? [No] 21: TTAB Grants Motion to Bifurcate VELCRO Cancellation into two Phases CAFC: TTABlog Test: Are These Design/Stylized Marks for Clothing and Purses Confusable? Welch 2024.

Registration 62

Registration Trademark Designs Design 62

Olartemoure Blog

JUNE 7, 2024

On May 30, 2024, the World Intellectual Property Organization (WIPO) shared the Madrid Yearly Review 2024, an annual report presenting statistics and analysis on international applications , registrations, renewals, and designations, with this edition focusing on subsequent designations made under the Madrid System.

Intellectual Property 52

Intellectual Property Registration Design Designs 52

JD Supra Law

AUGUST 30, 2024

Opinion by Albright (sitting by designation), joined by Moore and Lourie. Realtime Adaptive Streaming L.L.C. Sling TV, L.L.C., 2023-1035 (Fed. By: Alston & Bird

Design 61

Design Designs Patent 61

IP Watchdog

JANUARY 5, 2024

In other barks and bites for the first week of 2024, there were several updates from the U.S. Court of Appeals for the Federal Circuit decision invalidating alternative sweetener patent claims and a precedential designation from the Trademark Trial and Appeal Board.

Design 64

Design Designs Design Patent Patent 64

SpicyIP

FEBRUARY 2, 2024

Image from here On January 3, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 inviting public comments on the Proposed Rules. The link for these Rules is here ( pdf ).

Patent 105

Patent Publishing Government Designs 105

The TTABlog

NOVEMBER 4, 2024

The September-October 2024 (Vol. Book Review: Research Handbook on Design Law , Henning Hartwig, ed. The reviewer of this treatise finds it offers readers a comprehensive and authoritative survey of design law that will be useful to policymakers, intellectual property office examiners, attorneys, and judges. pdf here ].

Reporting 48

Reporting Trademark Intellectual Property Branding 48

JD Supra Law

DECEMBER 7, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

Design Patent 63

Design Patent Design Designs Patent 63

JD Supra Law

MAY 29, 2024

May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to evaluate the obviousness of design patents. LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed.

Design Patent 71

Design Patent Design Designs Technology 71

Technology & Marketing Law Blog

MAY 8, 2024

Try as he might to make his claims about the way Instagram is designed, his claims are inherently grounded in third-party content posted to the app. Implications I look at the “product design” workaround to Section 230 as a type of Rorschach test. 2024 WL 2021896 (N.D.N.Y. Publisher/Speaker Claims.

Design 96

Design Designs Social Media Publishing 96

JD Supra Law

JULY 5, 2024

June 25, 2024). Opinion by Lourie, joined by Moore and Albright (sitting by designation). Amarin Pharma, Inc., Hikma Pharmaceuticals USA Inc., 2023-1169 (Fed. Amarin markets and sells icosapent ethyl, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, under the brand name Vascepa®.

Branding 71

Branding Branding Brands Design 71

JD Supra Law

JULY 25, 2024

Ten Section 337 Investigations were terminated in the first half of 2024. Of those ten investigations, two involved design patents.

Design Patent 73

Design Patent Design Designs Patent 73

JD Supra Law

MAY 22, 2024

On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. By: Wolf, Greenfield & Sacks, P.C.

Design Patent 107

Design Patent Design Designs Patent Law 107

Patently-O

JULY 23, 2024

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. For 2024, the numbers are just for the first half of the year. 183 (2013).

Design Patent 59

Design Patent Design Designs Patent 59

The IPKat

JUNE 20, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the status of protecting animated digital or virtual designs under EU design law. As regards the recast Designs Directive, Member States shall bring into force the laws, regulations etc.

Design 64

Design Designs Law Journalism 64

JD Supra Law

MAY 14, 2024

A range of recent design cases were discussed, such as Columbia Sportswear North America v. Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an assessment of a design—and LKQ Corp. By: Quarles & Brady LLP

Design 58

Design Designs Design Patent Technology 58

LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

Design Patent 52

Design Patent Design Designs Graphic Design 52

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech.

Design Patent 119

Design Patent Design Designs Patent 119

JD Supra Law

SEPTEMBER 16, 2024

26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 22-cv-00540 (W.D.

Design Patent 63

Design Patent Patent Infringement False Advertising Design 63

JD Supra Law

MAY 29, 2024

On May 21, 2024, the en banc Federal Circuit overruled the Rosen-Durling test for design patent obviousness, holding that Supreme Court law dictates "a more flexible approach … for determining non-obviousness. May 21, 2024). John Deere analysis applies.

Design Patent 61

Design Patent Design Designs Patent 61

TorrentFreak

JULY 1, 2024

These blocks are usually temporary in nature and designed to prevent piracy of specific sporting events, typically football matches in the UK’s Premier League. It’s likely that the second half of 2024 will serve up more of the same.

Confidentiality 115

Confidentiality Music Branding Branding 115

Patently-O

MAY 24, 2024

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents.

Design Patent 130

Design Patent Design Designs Art 130

JD Supra Law

MAY 28, 2024

This week, the full Federal Circuit overruled its decades-old test for deciding whether a design patent is invalid as obvious. 2021-2348, 2024 WL 2280728 (Fed. May 21, 2024). Operations LLC, No. The en banc court held that the “Rosen-Durling” test was “improperly rigid” and that the Graham v.

Design Patent 66

Design Patent Design Designs Patent 66

JD Supra Law

AUGUST 6, 2024

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting and Consumer Education and Awareness Month.’”. By: WilmerHale

Design 98

Design Designs Trademark 98

JD Supra Law

NOVEMBER 26, 2024

Earlier this month, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom. By: K&L Gates LLP

Copyright 114

Copyright Intellectual Property Design Designs 114