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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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Animated Design Patents

Patently-O

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.”

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Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

JD Supra Law

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.

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Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

JD Supra Law

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. By: Quarles & Brady LLP

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Obviousness Test for Design Patents Unchanged

The IP Law Blog

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. Telflex, Inc.,

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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The Scope of Comparison Prior Art in Design Patent Infringement

Patently-O

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. by Dennis Crouch.