Patently-O

JUNE 7, 2023

2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). states, including Texas, is no stranger to litigation in the Lone Star state.

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Litigation Privacy Patent Infringement Patent 116

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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Litigation Patent Intellectual Property Brands 98

Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Are your patent claims invalid?

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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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Patently-O

NOVEMBER 21, 2022

Litigation ensued. The company had waited too long to file for patent protection and so it turned to trademark. And, because the complaint includes patent infringement claims, the appeal was directed to the Federal Circuit. Sunset sells a generic version of the same filter.

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Design Designs Registration Trademark 75

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. Design Patent No.

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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. We will keep monitoring and reporting.

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Design Designs Intellectual Property Design Patent 62

LexBlog IP

JULY 22, 2022

Chinese Patent Litigation: Leveraging Specialized IP Courts. Selecting a jurisdiction for Patent Litigation in China. In China, when multiple courts would have jurisdiction over a plaintiff’s case, a patent owner can choose which court will try their case.

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Litigation IP Patent Patent Infringement 52

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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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.

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Design Patent Design Designs 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.

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Design Patent Design Designs 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.

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Patent Infringement Patent Cease and Desist IP 52

IP Watchdog

JANUARY 23, 2023

Court of Appeals for the Federal Circuit (CAFC) today denied General Motors’ petition for a writ of mandamus seeking to compel Judge Alan Albright to transfer a patent infringement case brought against GM by Intellectual Ventures (IV) to the U.S. District Court for the Eastern District of Michigan.

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Patent Infringement Design Designs Technology 124

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2023

This outweighed any argument by Parus that its documents “are ‘or will be’ in Austin” because the bulk of relevant evidence in a patent infringement case will come from the accused infringer. This in large part turned on the fact that the product was designed and developed in NDCA (along with Israel).

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Litigation Patent Designs Design 77

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

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Patent Litigation Patent Infringement Invention 98

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Ridge Wallet LLC , — F.4th 4th — (Fed.

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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 Design Designs Intellectual Property 59

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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Patent Infringement Patent Design Patent Technology 52

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

The IPKat

FEBRUARY 4, 2025

Nonetheless, the inventive story behind a novel compound may still play a crucial role during patent prosecution and/or subsequent litigation. Insilico Medicine: AI-driven drug discovery Insilico Medicine is one of the drug-discovery companies furthest ahead in terms of AI-designed clinical candidates. Insilico's Pharma.AI

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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.

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Design Patent Design Designs Patent 59

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”). due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent. 35 U.S.C. §

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Patent Infringement Design Patent Patent Design 52

IP Watchdog

MARCH 19, 2024

Last week, the Judicial Conference of the United States issued guidance on recently announced changes to case assignment policies designed to prevent gamesmanship in litigation filed in U.S. district court.

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Law Litigation Patent Infringement Design 64

The IP Law Blog

MAY 7, 2021

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

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Litigation Patent Infringement Patent Government 94

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.

Design 52

Design Designs Intellectual Property Design Patent 52

IP Tech Blog

JUNE 6, 2021

A recent order from a patent infringement lawsuit in the Northern District of Illinois serves as a good reminder that factual information about attempts to design around a patent are generally discoverable. Background – The Discovery Dispute and Design Around Attempts. BGI Genomics Co. , LEXIS 224965 (N.D.

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Design Designs Patent Patent Infringement 52

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.

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Design Patent Design Designs Business 119

Patently-O

AUGUST 25, 2021

The litigation has substantial parallels to Google v. SAS sued in E.D.Tex for both copyright infringement and patent infringement. Separately, SAS also previously litigated this copyright case in North Carolina federal court. That court also granted summary judgment to the accused infringer on the copyright claim.

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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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Patently-O

MAY 5, 2022

ACUS is conducting a study on behalf of the USPTO to examine “issues associated with and options for designing a small claims patent court.” ” It recently published a request for public comments on the idea of a small claims patent court. patent litigation deters small- and medium-sized enterprises, including.

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Indiana Intellectual Property Law

MARCH 8, 2023

for patent infringement. One of its most successful products is the “Pocket Hose,” an expandable garden hose that is designed to be lightweight, durable, and easy to use. According to the complaint, Vieneci Garden’s hoses are virtually identical to Telebrands’ Pocket hose in terms of the design, functionality, and performance.

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Patent Infringement Patent Television Design 40

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. Patents are territorial rights.

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Design Patent Patent Patent Infringement Design 52

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

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

LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 52

Litigation Patent Intellectual Property Brands 52

Patently-O

SEPTEMBER 26, 2023

The defendant, Nature’s Way, then moved to file its claim construction brief under seal because it referred to documents designated “confidential” by the plaintiff, Woodstream. ” See In re Nat’l Prescription Opiate Litig. , 3d 919, 938-39 (6th Cir.

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IP Tech Blog

AUGUST 31, 2023

The amendments are designed to require that parties address and agree on discovery issues regarding privilege and work product protections at the Rule 26(f) Conference. These changes will be particularly impactful for patent infringement and trademark matters, given the privilege and work product issues that such matters typically involve.

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