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.”

Design Patent 119

Design Patent Designs Design Patent 119

Patent Trademark Blog

MARCH 18, 2025

What are the right patents for Amazon sellers? Traditional patents that might work in the courts may not be the best type of IP protection for online sales on the e-commerce platform. Since Amazon uses their own legal system for adjudicating patent disputes , sellers need to know how to play the IP game Amazon’s way.

Design Patent 52

Design Patent Patent Designs Design 52

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 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 105

Design Patent Designs Design Business 105

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).

Litigation 105

Litigation Design Patent Patent Designs 105

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. It’s not just about whether the products infringe the utility patent. Need to enforce or defend a utility patent infringement claim? What is utility patent infringement?

Patent Infringement 52

Patent Infringement Patent Cease and Desist Due Diligence 52

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.

Design Patent 73

Design Patent Designs Design Patent 73

Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. Expanding opportunities to appear before the Patent Trial and Appeal Board (PTAB).

Design Patent 58

Design Patent Designs Design Litigation 58

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

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.

Design Patent 126

Design Patent Patent Designs Design 126

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

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.

Design Patent 59

Design Patent Designs Design Intellectual Property 59

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.

Design Patent 59

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.

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.

Design Patent 53

Design Patent Designs Design Patent 53

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

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

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.

Design Patent 72

Design Patent Designs Design Patent 72

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.

Intellectual Property 126

Intellectual Property Design Patent Litigation Designs 126

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

Design Patent 110

Design Patent Litigation Designs Design 110

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

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.com

APRIL 9, 2025

On January 19, 2025, the United States Patent and Trademark Office (USPTO) enacted significant fee increases for both patents and trademarks. Patent Prosecution Efficiency Rising fees for excess claims, RCEs, and IDS filings necessitate a leaner, more efficient approach to patent prosecution.

Patent 52

Patent Intellectual Property Patent Prosecution IP 52

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.

Design Patent 52

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

Design Patent 52

Design Patent Patent Law Designs Design 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.

Design Patent 40

Design Patent Designs Design Litigation 40

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.

Patent Troll 89

Patent Troll Patent Prosecution Patent Journalism 89

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

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.

Design Patent 45

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

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?

Patent Application 52

Patent Application Litigation Patent Prosecution 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.

Design Patent 68

Design Patent Litigation Design Designs 68

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.

Design Patent 123

Design Patent Designs Design Patent 123

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 Designs Design Business 119

IP Watchdog

APRIL 22, 2022

Patent filings were average this week, with 21 Patent Trial and Appeal Board (PTAB) petitions and 77 district court patent complaints filed (and 67 terminated). This week also saw a few discretionary denials, as detailed below.

Design Patent 105

Design Patent Patent Designs Design 105

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. Need help to avoid infringing patents?

Patent Infringement 52

Patent Infringement Design Patent Patent Designs 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.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84