JD Supra Law

MAY 9, 2024

GM Global Technology Operations LLC - As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co.

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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. Are you looking at a design patent or utility patent?

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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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. Are your patent claims invalid?

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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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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

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IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

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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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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.

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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. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. Design Patent No.

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Patent Trademark Blog

OCTOBER 24, 2024

How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. You need to ask practical questions that go beyond infringement. Need to enforce or defend a utility patent infringement claim? What is utility patent infringement?

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents 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.

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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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LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field. Seirus Innovative Accessories, Inc.

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IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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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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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

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IP Law 360

JULY 3, 2024

Siemens and GlobalFoundries nabbed a major win Tuesday when a Delaware federal magistrate judge granted the semiconductor makers' summary judgment bids in a patent infringement case, holding that the chip design patents the companies are accused of infringing are invalid under Alice.

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Patent Trademark Blog

APRIL 27, 2023

By getting into the Brand Registry, you are now in Amazon’s system which provides you with various options for enforcing your IP rights against competing sellers. What types of patents are eligible for Amazon APEX? The APEX program works for utility patents only. appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

SEPTEMBER 23, 2024

But if not, why would they admit it or provide any cautions about the possibility of infringing a US patent ? Need help navigating around patent landmines ? US patent attorney Vic Lin has years of patent infringement litigation experience. Patents are territorial rights.

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IP Law 360

AUGUST 2, 2021

s bid to dismiss part of a design patent infringement claim raised by Converse Inc. in its lawsuit over high top sneaker designs, finding that the shoes' looks are similar enough to preserve Converse's claim at this time. A Massachusetts federal judge on Monday denied Steve Madden Ltd.'s

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IP Law 360

AUGUST 9, 2022

The Federal Circuit on Tuesday turned down a legal effort by hoverboard manufacturers to disqualify a Chicago federal judge for "a preconceived bias" against "foreign entities" in a design patent infringement suit launched by a Chinese hoverboard manufacturer.

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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).

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Patent Trademark Blog

DECEMBER 13, 2023

What patents will help you remove infringing Amazon listings? Ideally, you want to build IP rights with both utility and design patents. A utility patent, though broader, can take years to obtain. In the meantime, design patents are quicker and cheaper to obtain.

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Patent Trademark Blog

OCTOBER 15, 2024

Contact US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to explore how our patent infringement experience can benefit your business. How can you tell the difference between a published application and a granted patent? At the outset, design patent applications are never published.

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Patent Trademark Blog

JANUARY 25, 2024

Amazon Report Infringement Form: Start Here Patent owners should take advantage of Amazon’s online form for reporting infringement. Amazon will email the status of your report of infringement to the email address you provided. IP owners have the option of retracting a previously submitted report of infringement.

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Patent Trademark Blog

DECEMBER 5, 2023

Whether you are the patent owner or an Amazon seller selling me-too products, you must keep a close watch on whether any sales on the e-commerce platform are infringing any patents. Even simple products can infringe design patents. Need to fight an Amazon neutral patent evaluation case?

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. And with patents, the only protection arises when the USPTO issues a patent on an invention. As the U.S.

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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. I covered this topic in more details in a previous blog ( here ).

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IP Law 360

MARCH 2, 2022

Apple, Amazon, Tesla and two other household names are the latest to face patent infringement suits by a patent-holding company that claims they swiped its user interface design.

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IP Law 360

NOVEMBER 16, 2021

remain in settlement talks to resolve a patent infringement dispute over high-top sneaker designs, according to a Tuesday court filing, entering at least their fourth month of trying to resolve the suit. Steve Madden and Converse Inc.

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Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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Patent Trademark Blog

MAY 11, 2022

How can you use IP to block counterfeits? You can acquire certain IP rights to block the sale of counterfeit goods. You can then record your registered trademark with US Customs to block the import of infringing goods bearing similar marks. File design patents to protect the appearance of the product.

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Patent Trademark Blog

JUNE 19, 2024

Utility patents need to be “renewed” by paying maintenance fees. Design patents are enforceable on Amazon through a different program. How many utility patents should you get? One utility patent might not be enough. Why does Amazon reject certain patents for APEX? I really have no idea.

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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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