The IP Law Blog

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.,

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43(B)log

OCTOBER 31, 2022

27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. This requires that infringement claims be objectively baseless. Nu Tsai Capital LLC, NO. 8:22CV314, 2022 WL 15523245 (D.

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Patently-O

NOVEMBER 3, 2021

Ebrahim is visiting at Iowa Law this semester, where he’s teaching Cybercrime & Security and Entrepreneurship Law & Ethics. His research interests are broad, and he recently completed a comparative work examining patents in Islamic law. patent law. Professor Tabrez Y.

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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.

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SpicyIP

AUGUST 1, 2021

The Report recommends that instead of completely abandoning patent applications for non-compliance with minor procedural/timeline requirements, penalties or fees should be imposed to induce some flexibility in the process. Lastly, the recommendation on improving the Patent Office website is a much welcome suggestion.

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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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Patently-O

DECEMBER 30, 2021

Olaf Sööt Design’s pending petition for certiorari centers on the age-old division between issues-of-fact and issues-of-law. Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. Patent Law at the Supreme Court December 2021.

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IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

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JD Supra Law

AUGUST 17, 2022

The PRER could be used as evidence for the trial or dealing with patent infringement disputes. By: Linda Liu & Partners

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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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JD Supra Law

JANUARY 7, 2022

The US Court of Appeals for the Second Circuit transferred an appeal of a preliminary injunction enjoining alleged copyright and trademark infringement to the US Court of Appeals for the Federal Circuit because the operative complaint included six counts of patent infringement and thus arose under patent law.

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,

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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.

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The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., Julie Zerbo tells the rest of the story on The Fashion Law.

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The IP Law Blog

JANUARY 18, 2024

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.” While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO. in connection with an internal commercial use.”

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IP.com

JUNE 27, 2024

These include redefining inventorship, managing application volumes, ensuring unbiased AI processes, tackling enforcement complexities, and harmonizing international laws. AI Improves Efficiency in Detecting Copyright and Design Infringement? AI Improves Efficiency in Detecting Copyright and Design Infringement?

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Patently-O

SEPTEMBER 2, 2022

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.

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SpicyIP

AUGUST 2, 2021

Dr. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. She discusses how this recommendation lacks nuance and showcases a myopic understanding of copyright law without consideration for the impact it would have on education and access.

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Patently-O

AUGUST 1, 2023

by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. This result is by design to ensure more national uniformity in application of the U.S. patent laws. SAP responded with denials and also added patent infringement counterclaims.

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LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Patent Act has been provided. Design Patent No. 26, 2022) (Cote, J.).

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43(B)log

DECEMBER 15, 2023

Dastar explicitly stated that the Lanham Act “does not exist to reward manufacturers for their innovation in creating a particular device” and that the Act’s “common law foundations. were not designed to protect originality or creativity.” “Yet Zobmondo Ent. Imagination Int’l Corp., CV 09-02235 ABC PLAX, 2009 WL 8714439, at *1 (C.D.

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Patently-O

AUGUST 19, 2022

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. . § 355(j)(2)(A)(vii)(IV).

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. EL’s design also includes the idea of different elastic strengths. You can think of this as following Hook’s law up to the point of maximum elongation; at that point it effectively becomes an un-stretchable rope.

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The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. Léon is currently finishing his PhD on the proportionality principle and injunctions for patent infringement in EU law.

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Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

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The IPKat

FEBRUARY 14, 2022

University of Queensland - Stand and Deliver: Biopiracy, Law, and the Balkanization of the Genescape - 22 February 2022 The University of Queensland launched a series of webinars on the interrelationships between people, plants and the law. Institute of European Media Law of the University of Luxembourg - Piracy on all waves? -

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Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. Would a design patent be worth your money and time?

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Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

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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.

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LexBlog IP

JANUARY 18, 2024

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.” ” While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO. ” See 35 U.S.C. §

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Greenspoon Marder LLP

JANUARY 15, 2019

The proliferation of three-dimensional (3D) printing has led to unique challenges and novel issues in the context of intellectual property law and, in particular, patent law. Due to the protracted nature of the legal system, modern innovation and technological advancements always seem to outpace the law.

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More Than Your Mark

SEPTEMBER 3, 2021

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. The post Patents and Trade Secrets – to Disclose or Conceal? appeared first on Patent Law Blog.

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The IP Law Blog

MAY 7, 2021

As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” However, a defendant need not show that the litigation is both objectively baseless and brought in bad faith. .”

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The IPKat

AUGUST 21, 2024

However, patenting manufacturing processes has its own challenges. In contrast to product claims, process claims may be easier to design around and/or be more difficult to enforce. This exclusion is intended to ensure medical professionals can treat patients without worrying about patent infringement ( G 1/07 ).

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Patently-O

SEPTEMBER 13, 2021

Quinney School of Law. FRAND licensing commitments are designed to alleviate the risk that SEP holders will prevent broad adoption of a standard by asserting their patents against manufacturers of standardized products. However, this case did not sound in patent infringement, but in breach of contract.

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The IP Law Blog

OCTOBER 27, 2022

Plaintiff then moved to dismiss Defendant’s four newly added counterclaims in the FAC under Federal Rule of Civil Procedure 15 on grounds that Defendant failed to obtain Plaintiff’s consent or leave of court to file its FAC.

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