JD Supra Law

OCTOBER 4, 2023

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design patent. By: AEON Law

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JD Supra Law

JANUARY 12, 2024

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

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JD Supra Law

DECEMBER 2, 2024

A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the designs at issue, and thus could assist the factfinder in determining design patent infringement under the ordinary observer test.

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The IP Law Blog

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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JD Supra Law

AUGUST 30, 2023

is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based company says an importer is profiting from Kohler’s designs and has filed a patent infringement lawsuit to stop Sweethome from selling certain faucets. Sweethome d/b/a Sweethome247.com, com, Case No.

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JD Supra Law

DECEMBER 19, 2023

By: Linda Liu & Partners

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JD Supra Law

SEPTEMBER 16, 2024

and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 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. By: Irwin IP LLP

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JD Supra Law

OCTOBER 5, 2023

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an infringement analysis―to the same article of manufacture claimed by the patented design. By: Morgan Lewis

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Intellectual Property Law Blog

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. Background Columbia asserted U.S.

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Patent Trademark Blog

SEPTEMBER 10, 2024

While more competitors are generally good for consumers, competition must be fair in order to be lawful. Patents give sellers a fair and lawful way to block competitors from copying innovative products. So, how do you use your patent effectively to block an infringing Amazon ASIN?

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JD Supra Law

FEBRUARY 16, 2022

manufacturer of the Hydrow Rower, brought a design patent infringement and trade dress infringement action against iFit Health & Fitness (formerly Icon Health & Fitness) in the District of Delaware. On February 14, 2022, Hydrow, Inc., By: Harness IP

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JD Supra Law

MARCH 4, 2024

This Patent Law case involves a patent infringement lawsuit brought by Fa-Hsing Lu against Hyper Bicycles, Inc. regarding two design patents Lu holds for the ornamental design of a bicycle. By: Whitcomb Selinsky, PC

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JD Supra Law

MAY 9, 2024

collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co. collectively, “GM”). By: Irwin IP LLP

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JD Supra Law

SEPTEMBER 28, 2023

Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.”

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. 21, 2024) (question paraphrased).

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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.

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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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Patently-O

OCTOBER 30, 2022

By Sarah Burstein, Professor of Law at Suffolk University Law School. These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. 21-2150 (Fed. 2022); ABC Corp.

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Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. Young and Magistrate Matthew P.

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JD Supra Law

AUGUST 30, 2021

For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., By: Jones Day

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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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JD Supra Law

APRIL 6, 2023

The FAC alleged, inter alia, patent infringement of both utility and design patents by promotional vehicles supplied by Aardvark Event Logistics, Inc. On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. and Samsung Electronics America, Inc.’s

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Indiana Intellectual Property Law

AUGUST 25, 2021

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”). The case was assigned to Judge Damon R. Gotsch, Sr. 3:21-cv-00501-DRL-MGG.

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JD Supra Law

SEPTEMBER 22, 2023

Precedential and Key Federal Circuit Opinions - NETFLIX, INC. DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art.

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Patently-O

DECEMBER 28, 2022

The company also owns a design patent covering the product. The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). In 2021, three different competitors started selling similar products. Federal Court.

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Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Practice Tip: The current design patent term, if filed on or after May 13, 2015 is 15 years from the date of grant.

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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

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,

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Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Tribunal for Law Firm Arnold & Porter (Source: Reuters). Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Sherkow: Preprint Servers and Patent Prior Art (Source: SSRN).

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JD Supra Law

AUGUST 17, 2022

The PRER could be used as evidence for the trial or dealing with patent infringement disputes. By: Linda Liu & Partners

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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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JD Supra Law

DECEMBER 22, 2023

15, 2023), the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. In Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed.

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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

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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