IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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IP Watchdog

FEBRUARY 5, 2024

government and GM Global Technology Operations in a case that could change the test for assessing design patent obviousness. The so-called Rosen-Durling test for design patent obviousness requires that, first, under In re Rosen (C.C.P.A.,

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IP Watchdog

MAY 21, 2024

The decision also said the Supreme Court’s precedent in KSR v.

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IP Watchdog

MARCH 17, 2022

It was another heavy week in the district court with over 100 new patent complaints filed, 64 terminated (mostly file-and-settle), and an average 26 Patent Trial and Appeal Board (PTAB) cases (one post grant review and 25 inter partes reviews).

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IP Watchdog

AUGUST 30, 2023

That decision affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious. Court of Appeals for the Federal Circuit (CAFC) in a rare en banc review of the court’s January, 2023, decision in LKQ Corporation v.

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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. The latest briefs generally urged the en banc U.S. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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LexBlog IP

MARCH 6, 2023

Previously, patents—a limited monopoly allowing a patent holder to bar competitors from making/using/selling/importing a claimed system or method—were of limited use for those in the cannabis industry. 1] The asserted patents were: U.S. Patent No. Patent No. Patent No. Patent No.

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Patently-O

AUGUST 8, 2021

Recent Headlines in the IP World: Mikey Campbell: Apple Challenges Patent Troll Targeting Maps Navigation (Source: Apple Insider). Blake Brittain: Apple Must Face Apple Watch Patent Claims, Fed Circ. Susan Decker and Matthew Bultman: Apple Sinks ‘Submarine Patent,’ Escapes $308.5 New Job Postings on Patently-O: Lilly.

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IP Watchdog

FEBRUARY 19, 2024

Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger.

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IP Watchdog

MARCH 15, 2023

There was a slight uptick in district court filings last week after a slow January and February, with 43 new patent filings, including a design patent battle involving tumblers and multiple filings indicating an association with high-volume plaintiffs such as Jeffrey Gross and Leigh Rothschild.

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43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Seems like a lower bar for entry for design patent than TM protection. Lowry: For many people/products, the first few years are the only years that matter, and design patents are a tool for that.

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IP Watchdog

AUGUST 20, 2021

Court of Appeals for the Federal Circuit yesterday reversed the Patent Trial and Appeal Board’s (PTAB's) finding that Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, LLC did not demonstrate the claimed designs of Gamon, Inc.’s s design patents would have been obvious over the prior art.

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IP Watchdog

JUNE 26, 2024

Court of Appeals for the Federal Circuit undertook to clarify the obviousness standards for design patents. A few weeks ago, the U.S. Operations LLC, __ F.4th__, 2021-2348, 2024 WL 2280728 (Fed. May 21, 2024).

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IP Tech Blog

JULY 27, 2021

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. Also, Article 29 of the same Regulations extends the provision to injunctions on e-commerce platforms.

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IP Watchdog

OCTOBER 29, 2022

District Court for the Northern District of Illinois against hoverboard products alleged to infringe four design patents due to “substantive defects” in the court’s reasoning for granting the injunctions. Court of Appeals for the Federal Circuit (CAFC) vacated two separate preliminary injunction orders granted by the U.S.

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IP Watchdog

FEBRUARY 10, 2022

District Court for the District of Pennsylvania’s summary judgment that a medical device design patent was not invalid under the on-sale bar. The district court found the patent was infringed and awarded damages in the amount of $1,247,910. Court of Appeals for the Federal Circuit (CAFC) today reversed the U.S.

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Technology & Marketing Law Blog

MARCH 8, 2024

If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year. There are a few thousand non-SAD Scheme trademark cases per year, typically with one defendant or a small number of defendants.

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Trademark Law Trademark IP Blogging 101

Patently-O

DECEMBER 6, 2023

Gary Shaked (Dafni) holds several patents on hair straightening brushes, and the business took off as a video of the time-saving tool went viral. Dafni sued Ontel and others for patent infringement based upon several utility and design patents. Dafni responded with an IPR of one of the patents. Munsingwear, Inc. ,

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Patent Trademark Blog

AUGUST 18, 2021

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. What are bad reasons for filing a patent? What are bad reasons for not filing a patent?

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Patently-O

JANUARY 23, 2024

The Schedule A litigation phenomenon continues apace in the Northern District of Illinois, a court that has become, in the words of Judge Seeger, “ an assembly line for TROs.” But Schedule A litigation is not confined to Chicago. Joes Identified in Schedule A, No. 1:23-cv-02605 (SDNY Jan. 2, 2024), ECF 76. for Hyponix and $14,641.51

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Litigation Settlement Patent IP 85

LexBlog IP

JULY 27, 2021

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. ” Also, Article 29 of the same Regulations extends the provision to injunctions on e-commerce platforms.

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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. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

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Patent Application Patent Prosecution Art Patent 71

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.

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Intepat

MAY 28, 2024

Patent and Trademark Office recognized that this distinctive glass store design sets Apple stores apart from other retail establishments. To comprehensively protect its store designs, Apple has also secured design patents for the glass panels of the building and the staircase design. In 2007, Apple Inc.

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Patently-O

JULY 6, 2023

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. For my own thoughts on those issues, see this article and this post. (Tl;dr: Design patents cover different things (ornamental designs as opposed to useful inventions). GM Global Tech. ,

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CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. When Apple sued Samsung in 2010, Google had to step in and help Samsung partly due to a ‘Mobile Application Distribution Agreement’ that gave “partial or full indemnity with regard to four patents.”.

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Patent Trademark Blog

MARCH 18, 2022

Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. And inventions can be protected with patents. Can you build IP in selling such existing products?

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IP Watchdog

JUNE 28, 2022

Leader Accessories LLC reversing a contempt finding entered in the Western District of Wisconsin over alleged violations of a protective order from a design patent infringement case between Static and Leader. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Static Media LLC v.

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More Than Your Mark

AUGUST 20, 2021

3-D Printing and Copyrights, Patents, or Trademarks. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent. However, the process of 3-D printing an object that was previously made only by a different process may be patentable.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

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43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Nominal damages are often a species of general damages.

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Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Need help to avoid infringing patents?

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43(B)log

FEBRUARY 23, 2024

IP Australia also regulates patent & TM attorneys through professional standards board domination. Leading case on distinctiveness, where Australian High Court lowered the distinctiveness bar—until it reached the high court, it was being litigated by a construction partner. The business of the PTO is granting patents/TM.

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Patent Trademark Blog

DECEMBER 19, 2023

Why should you care about patents for your Amazon business? How can innovative product creators use patents to protect their Amazon business? Need to get Amazon business patents? Which patents make the most sense for your Amazon products? Not every product will deserve patent protection. All is not lost.

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Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Source: USPTO.

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LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Design Patent (overall design; partial claiming).

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Designs Design Trademark Intellectual Property 52

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. State bars don’t have standing requirements and you don’t have to litigate in the case itself. Fagundes wrote follow-up article suggesting that system was breaking down. The judge isn’t hearing that they’re not counterfeiters. NYU Press, 2016).

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