JD Supra Law

JUNE 28, 2022

the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed. Medical Components, Inc., By: Manatt, Phelps & Phillips, LLP

Invention 98

Invention Design Patent Contracts Patent Application 98

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

Business 78

Business Patent Invention Design Patent 78

LexBlog IP

MARCH 6, 2023

Cannabis remains federally illegal and thus, attempts to enforce patents against competitors in federal court were doomed to fail under the illegality doctrine. For example, a contract used to hire thieves to rob a bank couldn’t be enforced by a court of law for the purpose of robbing the bank. 1] The asserted patents were: U.S.

Litigation 52

Litigation Patent Design Patent Patent Application 52

LexBlog IP

FEBRUARY 23, 2022

When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design. Can you file a design patent application? For a design patent, 35 U.S.C. §

Design Patent 52

Design Patent Patent Application Designs Design 52

LexBlog IP

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § Second, the court reviewed the terms of the letter in view of contract principles under the UCC. Junker filed a design patent application on Feb.

Design 52

Design Designs Design Patent Contracts 52

IP Intelligence

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § To qualify a “commercial” offer for sale, the Federal Circuit at least relies on the Uniform Commercial Code, Restatement (Second) of Contracts (1981) (the UCC).

Design 52

Design Designs Design Patent Contracts 52

LexBlog IP

FEBRUARY 15, 2022

Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath. Under the on-sale bar, both design and utility patents will be invalid where “the invention was. on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Patent 52

Patent Invention Design Designs 52