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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 Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Law

Patently-O

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.

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Safeguarding Intellectual Property; The REAL Role AI Will Play in the Future of Patent Protection

IP.com

But what about AI’s potential ability to safeguard and protect against patent infringement, while simultaneously being used to ensure greater ideation success before patents are filed? It turns out AI has incredible potential to serve as a primary guardian of patents. And this is just the tip of the iceberg.

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

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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Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

LexBlog IP

Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. A patent holder may only collect patent infringement damages from the date that proper “notice” under the U.S. Patent Act has been provided. Design Patent No.

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Brand-Generic Drugs: Infringement Judged by the ANDA Filing

Patently-O

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. We have the ANDA filing, but there are always substantial design choices before final release. Eagle Pharm.,

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Safe Skies Eligibility Petition

Patently-O

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.