The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

Designs 98

Designs Design Patent Patent Infringement 98

SpicyIP

DECEMBER 2, 2024

Image from here Analysing the Riyadh Design Law Treaty in the Indian Context After nearly two decades of negotiations, WIPO Member States have adopted the Design Law Treaty (DLT). The suit was filed after 10 months from the date of knowledge and six months after the grant of the patent that the defendant had allegedly infringed upon.

Invention 52

Invention Trademark Reporting Editing 52

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

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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Design Patent Designs Design Patent Application 52

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. Telflex, Inc.,

Design Patent 52

Design Patent Designs Design Patent 52

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. Swisa, Inc. , 3d 665 (Fed.

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Design Patent Art Designs Design 69

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. We will keep monitoring and reporting.

Designs 62

Designs Design Intellectual Property Design Patent 62

Patently-O

FEBRUARY 10, 2022

Broadcom makes infringing chips and they are installed in Apple devices. The Broadcom chips and Apple phones are manufactured outside of the United States, although they are largely designed in the US, and the nerve centers of marketing and sales are also in the US. all occurred within the United States. .

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Patent Contracts Invention Designs 126

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. The design must be a design for a specific article; it cannot exist independently of the article.

Design Patent 52

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. The design must be a design for a specific article; it cannot exist independently of the article.

Design Patent 52

Design Patent Designs Design Patent 52

IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

SpicyIP

OCTOBER 14, 2024

Levi Strauss And Co vs Dinesh Sharma on 26 September, 2024 (Delhi District Court) Image from here The plaintiff sought a permanent injunction against the defendant for infringing on its trademarks, including “LEVI’S,” the “Two Horse Logo,” and the “Arcuate Stitching Design.”

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Trademark Registering Trademarks IP Copyright 105

Patently-O

NOVEMBER 3, 2021

Many of these countries are members of Trade-Related Aspects of Intellectual Property Rights (TRIPS), which excludes from patentability certain inventions that offend morality in that society. Patents in Islamic Law present religious considerations that are unique compared to U.S. patent law. patent system.

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Law Patent Intellectual Property Patent Infringement 106

IPilogue

DECEMBER 20, 2022

Whether Rovi practiced the invention of the patent in Canada. Second, the judge recognized Rovi’s “ aggressive use of litigation to drive risk-avoiding businesses ” into royalty deals and took note of Rovi’s delay in prosecuting patents which results in the problem of “holdup”. Rovi’s conduct. Videotron’s Conduct.

Litigation 118

Litigation Inventor Invention Licensing 118

IPilogue

APRIL 22, 2022

ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention.

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Patent Settlement Invention Inventor 119

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

SpicyIP

FEBRUARY 19, 2024

Nhk Spring Co Ltd vs Controller Of Patents And Designs on 8 February, 2024 (Delhi HC) An Appeal was filed against the order of the Controller of Patents for rejecting the patent application titled ‘Suspension and compression cold spring for suspension” on the ground of lack of inventive step.

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Invention Music Art Patent Application 105

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

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Patent Infringement Invention Patent Patent Law 52

Patently-O

MAY 15, 2024

Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods.

Patent Law 111

Patent Law Patent Law Invention 111

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. For setting up the business or for creating something like some inventions it takes a lot of efforts and research to create something new. This is one of the famous case laws on patent infringement.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

SpicyIP

JULY 29, 2024

Highlights of the Week Gone Up In Smoke: Analysing the Controller’s Rejection of an E-cigarette Patent under Section 3(b) Image from here The DHC recently accepted an appeal against the IPO order rejecting an invention related to E-Cigarettes for being contrary to public order and morality. Regeneron Pharmaceuticals Inc.

Invention 80

Invention Trademark Designs Design 80

LexBlog IP

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

Designs 52

Designs Design Patent Patent Infringement 52

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

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. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

MARCH 4, 2023

Designs Anastasia considered the fact that the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks was not necessarily functional. The analysis considers some of the most debated issues in EU design law, namely the definition of ‘normal use’ and the methodology for establishing functionality.

Designs 69

Designs Design Intellectual Property Settlement 69

LexBlog IP

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.

Designs 52

Designs Design Intellectual Property Design Patent 52

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. You need to check whether any US patents would cover that product.

Design Patent 52

Design Patent Patent Patent Infringement Designs 52

Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patent Troll Patent Inventor Intellectual Property 98

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. Lisa did not otherwise significantly contribute to the conception of the invention. By November 2019, EL was satisfied with the design. After talking again with Jane, EL decided to patent the device. The sleeve also protects the rubber from UV damage.

Patent Law 78

Patent Law Law Patent Patent Application 78

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. See Phillips v.

Patent 97

Patent Patent Infringement Copying Technology 97

SpicyIP

SEPTEMBER 25, 2023

The defendant asserted that the invention lacked novel hardware and was primarily software-based, making it ineligible for patent protection. Other Developments Delhi High Court records evidence by live transcription in patent infringement suit. Burger King Corporation v. Swapnil Patil & Ors. on 15 September.

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Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

AUGUST 1, 2021

A significant portion of the suggested reforms to the Patents Act is dedicated to recommendations on loosening the procedural norms of patent filing and patent examination. Lastly, the recommendation on improving the Patent Office website is a much welcome suggestion. Concluding Thoughts.

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Reporting Patent Law Patent Application Patent 136

The IP Law Blog

APRIL 27, 2023

Any person other than the patent owner may file a petition for an IPR, challenging the patentability of any claim of an issued patent. In general, a petition cannot be filed until at least nine months after the grant of the patent. The IPR procedure was established by the America Invents Act.

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Patent Litigation Patent Infringement Invention 98

IP and Legal Filings

MARCH 27, 2024

Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. of violating their patents related to the development of “enhanced internal combustion engine technology”. Motor Company Ltd.) In order to deter the defendants from: 1.Utilizing

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Invention Patent Patent Infringement Technology 94

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

These rights safeguard intangible assets resulting from human creativity and innovation, allowing creators to have control and benefit from their inventions or creations. IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations.

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Intellectual Property Invention IP Technology 75

Kashishipr

JUNE 3, 2021

Depending on the patent box regime, income derived from IP can include royalties, licensing fees, gains on the sale of IP, sales of goods and services incorporating IP, and Patent Infringement damage awards. A company can use the Patent Box regime if: It is liable to pay the corporation tax.

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Intellectual Property Ownership IP Licensing 98

Larson & Larson

JULY 13, 2023

A patent provides its owner with the legal right to prevent others from making, using, selling or importing an invention for a limited period of time, usually 20 years from the patent filing date. Patents protect functional products and processes. Patents give inventors exclusive rights over their inventions.

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Trademark Patent Invention Intellectual Property 40