JD Supra Law

JULY 9, 2024

Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. See 35 U.S.C. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Design Patent Designs Design Litigation 65

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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Design Patent Designs Design Patent 119

IP Close Up

FEBRUARY 22, 2023

design patents are now being taken more seriously. Once an afterthought for IP rights filers, U.S. Several businesses that are based outside of the U.S. increased Continue reading

Design Patent 104

Design Patent Designs Design Business 104

Patent Trademark Blog

MARCH 18, 2025

Need the right patents to stop Amazon sellers from copying your innovative products? Contact US patent attorney Vic Lin at vlin@icaplaw.com to see how we can help protect your Amazon sales. Do you need a utility patent or design patent? In some cases, it may make sense to file both types of patent applications.

Design Patent 52

Design Patent Patent Designs Design 52

IP Watchdog

MARCH 17, 2022

Intel and Xilinx combined to cancel a number of litigation-funded chip patents from Arbor Global Strategies and FG SRC LLC [the latter funded by Freeman Capital Partners]; a number of Fortress-funded subsidiaries were challenged; another 29 IP Edge subsidiary suits; some interesting pharmaceutical action; and companies WebRoot and OpenText, inc.

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Litigation Design Patent Patent Designs 105

Patently-O

OCTOBER 18, 2022

Earlier in 2022, the USPTO made some minor expansions to the criteria for registering as a patent attorney, but this new proposal offers the possibility of a broader inclusive market and a mechanism for the Office to regularly update eligibility criteria. It also asks whether there should be a separate bar for design patent practitioners.

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Design Patent Designs Design Litigation 58

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

We are pleased that Seirus prevailed against Columbia’s claims of patent infringement,” said Christopher Marchese , trial counsel for Seirus and a principal in Fish’s Southern California office. The remaining questions for trial were liability and damages based on the utility patents and damages for the design patent.

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Design Patent Designs Design Patent 73

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 59

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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Design Patent Designs Design Patent 52

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

JD Supra Law

JANUARY 4, 2024

They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. By: Wolf, Greenfield & Sacks, P.C.

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Intellectual Property Design Patent Litigation Designs 126

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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Design Patent Designs Design Intellectual Property 59

IP Watchdog

MAY 21, 2024

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

Design Patent 59

Design Patent Designs Design Patent 59

JD Supra Law

FEBRUARY 21, 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.

Design Patent 52

Design Patent Designs Design Patent 52

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. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.” 21-2348 (Fed.

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Design Patent Designs Design Patent 53

JD Supra Law

AUGUST 29, 2024

Regeneron filed an eighth BPCIA litigation (Case No. 2:24-cv-08760 (D.N.J.)) related to an EYLEA® (aflibercept) biosimilar, against Sandoz’s Enzeevu™ (aflibercept-abzv). By: Venable LLP

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Design Patent Litigation Designs Design 110

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.

Design Patent 59

Design Patent Designs Design Patent 59

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.

Design Patent 52

Design Patent Designs Design Patent 52

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. GM Global Technology Operations.

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Design Patent Designs Design Patent 72

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 64

Design Patent Designs Design Patent 64

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

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

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

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.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

AUGUST 2, 2024

In May, the Federal Circuit eliminated the long-standing test for design patent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the design patent obviousness analysis, grounded in the Graham factors.1 1 This is a big change in design patent law.

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Design Patent Litigation Designs Design 68

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

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.

Design Patent 59

Design Patent Designs Design Patent 59

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 Design Designs Patent 123

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 126

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.

Design Patent 119

Design Patent Design Designs Business 119

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

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Issue: legal is often the last to know of new designs, so you need to know before the design is launched: need to explain that legal needs to be part of the process. Apple v Samsung changed perceptions.

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Intellectual Property Design Patent Law Designs 84

Patently-O

OCTOBER 30, 2022

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. It is clear, from reading the decision, that the design patent infringement claims lacked merit.

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Design Patent Designs Design Art 98

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

Patently-O

AUGUST 8, 2021

Klarquist Sparkman, LLP – Computer Science Patent Attorney/Agent. Polsinelli – Electrical Engineering & Computer Science Patent Prosecution/ Associate. Polsinelli – Design Patent Prosecution/Associate or Patent Agent. Klarquist Sparkman, LLP – Litigation/IPR Associate. Duane Morris.

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Patent Troll Patent Prosecution Patent Journalism 89

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 Design Designs IP 92

Patent Trademark Blog

OCTOBER 24, 2024

You cannot simply compare the visual appearance of a product to the patent drawings and conclude that there is infringement because they all look similar. We are not talking about design patent infringement. No costs or attorney’s fees are recoverable in USPTO patent reexaminations.

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Patent Infringement Patent Cease and Desist Due Diligence 52