IP Watchdog

JUNE 30, 2023

GM Global Technology Operations, which 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. Patent D855,508 covers a “vehicle front skid bar.”

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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.,

Design Patent 62

Design Patent Designs Design Patent 62

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

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Design Patent Designs Design Patent 52

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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Litigation Design Patent Patent Designs 104

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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Design Patent Designs Design Patent 57

LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

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Design Patent Designs Design Art 52

IP Watchdog

MAY 21, 2024

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

Design Patent 57

Design Patent Designs Design Patent 57

JD Supra Law

FEBRUARY 22, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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Design Patent Designs Design Patent 52

LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MARCH 2, 2022

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone.

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Design Patent Designs Design Patent 58

JD Supra Law

MARCH 3, 2022

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone.

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Design Patent Designs Design Patent 52

IP Law 360

OCTOBER 20, 2021

Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

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Design Patent Designs Design Litigation 40

IP Law 360

JANUARY 26, 2023

The Federal Circuit has refused to discard rules that set a high bar for invalidating design patents, but attorneys say the issue is likely to spur further litigation that could upend the law in addition to creating a new obstacle for design patents challengers.

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Design Patent Designs Design Patent 45

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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Design Patent Designs Design Patent 70

Patent Trademark Blog

MAY 16, 2024

Can you patent a consumer product? Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? Ready to patent your consumer product? Ready to patent your consumer product? Aren’t patents too expensive to enforce?

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Design Patent Patent Patent Application Designs 52

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Patent Application Litigation Patent Prosecution Patent 52

Patent Trademark Blog

JUNE 19, 2024

Patent owners now have a way to stop infringement without having to spend millions in a federal court lawsuit. The Amazon APEX patent program enables you to remove infringing product listings from the e-commerce platform. Find out how you can take advantage of this Amazon Patent Evaluation Express program.

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Patent Patent Infringement Design Patent Branding 52

Managing IP

JUNE 10, 2021

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

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Design Patent Patent Law Designs Design 52

Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Do the accused products infringe the asserted patent?

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Patent Infringement Cease and Desist Patent Design Patent 52

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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Intellectual Property Design Patent Law Designs 83

LexBlog IP

JANUARY 5, 2024

District Court for the Northern District of West Virginia, alleging infringement of 51 patents under the BPCIA based on Samsung’s submission of an aBLA for SB15, a proposed biosimilar of EYLEA (aflibercept). Specifically, Regeneron has asserted the following patents. Specifically, Regeneron has asserted the following patents.

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Litigation Design Patent Designs Design 52

IP Close Up

FEBRUARY 13, 2024

design patent grants almost tripled. Between 2005 and 2020 the number of U.S. The increased focus on product form (“look”) as a part of function, Continue reading

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Design Patent Designs Design IP 77

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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Patent Troll Patent Prosecution Patent Journalism 87

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.

Litigation 52

Litigation Patent Design Patent Patent Application 52

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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Patent Design Patent Litigation Designs 57

Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

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Intellectual Property IP Confidentiality Patent Application 52

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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Design Patent Patent Designs Design 125

IP Law 360

NOVEMBER 30, 2023

A Chicago auto parts company shot back at arguments from major players in the automotive industry over how design patents should be litigated in the courts, teeing up its argument early next year in front of the full Federal Circuit that "designers do solve problems."

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Designs Design Design Patent Litigation 74

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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Design Patent Designs Design Patent 57

IP Law 360

JUNE 2, 2022

A Pennsylvania federal judge has freed PNC Bank from accusations that its mobile application interface infringes a Wepay Global Payments LLC design patent, putting a permanent end to the first of many suits filed by Wepay within the last year.

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Litigation Design Patent IP Designs 40

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. In this context, help has not come from above, but rather from local authorities in high-tech or booming economic regions.

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Designs Design Copyright Design Patent 57

LexBlog IP

MAY 8, 2023

From source code and graphics to unique characters, iconic environments and embedded music, online games are multilayered, content-rich creations whose intellectual property (IP) can easily be ripped off. This provides an outline for your IP legal team of the scope of what needs to be protected. Design patent filing – U.S.

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Intellectual Property Cease and Desist IP Litigation 52

Patent Trademark Blog

JUNE 20, 2023

Should you go with a flat rate patent attorney? Some argue that fixed fee patents do not provide a good value. The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application.

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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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Design Patent Designs Design Patent 121

Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. You may be wondering why bother getting a patent if it’s too expensive to enforce it. You may be wondering why bother getting a patent if it’s too expensive to enforce it.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Other cities and provinces started similar provisions in the summer of 2021.

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Designs Design Intellectual Property Design Patent 62

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. Third, IP cases routinely support ex parte TROs, but IP cases are not well-suited to procedures where the defense isn’t involved because those adjudications are too error-prone.

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Trademark Law Trademark IP Blogging 100