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.

Design 98

Design Designs Patent Patent Infringement 98

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.

Reporting 136

Reporting Patent Law Patent Application Patent 136

Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The fourth and final case with a pending CVSG is Olaf Sööt Design, LLC v. Neapco Holdings LLC, et al. ,

Patent Law 95

Patent Law Law Patent Litigation 95

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. 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

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.

Art 124

Art Branding Brands Branding 124

LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Additionally, changes to the criminal law provisions prosecute both design and utility patent infringement.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Realtime Data v. Fortinet, No.

Patent Law 75

Patent Law Law Patent Art 75

The IPKat

JANUARY 28, 2025

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Indeed, Bioo had filed its own patent application ( WO 2022/058500 ) describing these advantages of its two-compartment design.

Invention 90

Invention Art Patent Designs 90

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 Court held that every new trademark infringement amounted to a new cause of action and will not be barred by res judicata.

Invention 52

Invention Trademark Reporting Editing 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

Patently-O

NOVEMBER 3, 2021

As Islamic countries have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological debates under classical Islamic law, including for construing patentable subject matter and assessing patent infringement. patent law. patent system.

Law 106

Law Patent Intellectual Property Patent Infringement 106

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]

Design Patent 52

Design Patent Art Designs Design 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

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II. Fonts and Typefaces: Are they Copyrightable? Other News from Around the World.

Reporting 116

Reporting Design Designs IP 116

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.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

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. ,

Design Patent 82

Design Patent Art Design Designs 82

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

Reporting 52

Reporting Patent Design Patent Patent Infringement 52

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.

Patent Infringement 52

Patent Infringement Patent Law Design Designs 52

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.

Litigation 98

Litigation Patent Intellectual Property Branding 98

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.

Law 58

Law Patent Patent Law Litigation 58

The IP Law Blog

JANUARY 18, 2024

. § 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” But there are exceptions and exclusions under patent law. See 35 U.S.C. §

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

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.

Patent 98

Patent Litigation Patent Infringement Invention 98

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).

Branding 87

Branding Brands Branding Marketing 87

The IP Law Blog

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

Art 98

Art Inventor Patent Infringement Patent 98

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.

Inventor 75

Inventor Marketing Marketing Patent 75

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.” ” A finding of subjective bad faith may be supported solely by circumstantial evidence, without inquiry into the plaintiff’s state of mind.

Litigation 94

Litigation Patent Infringement Patent Government 94

Patently-O

MARCH 18, 2024

Specifically, the judge determined that the port boss slippage problem precluded the original prototype from being viable, and Mackay and Hewson’s design input, like the starburst grooves, helped solve that critical issue. This ruling aligned patent law with the Court’s prior decision in Petrella v. 663 (2014).

Patent 59

Patent Inventor Patent Infringement Designs 59

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.).

Cease and Desist 52

Cease and Desist Design Patent Patent Design 52

SpicyIP

JANUARY 16, 2023

10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]. We informed our readers of the 10th Mahamana Malaviya National Moot Court Competition concerning a moot problem on patents law and incremental innovations. Case Summaries.

Trademark 102

Trademark Design Designs Registration 102

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.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

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.

IP 52

IP Music Intellectual Property Law Copyright Infringement 52

Intepat

SEPTEMBER 27, 2024

In the modern landscape of technological advancement, patent thickets have emerged as a critical concern for innovators, businesses, and policymakers. A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

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?

Design Patent 52

Design Patent Patent Patent Application Design 52

The IPKat

FEBRUARY 14, 2022

OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - 24 February 2022 OxFirst will hold a webinar on 24 February 2022, from 4:00pm to 5:00pm (CET), to discuss damage calculations in patent infringement cases in the US. Further details about the event and registration can be found here.

Intellectual Property 52

Intellectual Property Registration Patent Infringement IP 52

IP.com

JUNE 27, 2024

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.

Intellectual Property 52

Intellectual Property Patent Litigation IP 52

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 ).

Patent 110

Patent IP Invention Editing 110

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. The purpose of submitting the application was to mitigate the risk of patent infringement amongst the ongoing legal proceedings.

Invention 94

Invention Patent Patent Infringement Technology 94