JD Supra Law

AUGUST 12, 2024

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.

Design Patent 107

Design Patent Designs Design Patent 107

Patently-O

SEPTEMBER 17, 2023

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.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

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. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

Design Patent 81

Design Patent Art Designs Design 81

JD Supra Law

DECEMBER 2, 2024

A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the designs at issue, and thus could assist the factfinder in determining design patent infringement under the ordinary observer test.

Design Patent 65

Design Patent Designs Design Patent Infringement 65

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.,

Design Patent 98

Design Patent Designs Design Patent 98

JD Supra Law

DECEMBER 19, 2023

By: Linda Liu & Partners

Design Patent 68

Design Patent Designs Design Patent Infringement 68

JD Supra Law

JANUARY 12, 2024

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

Design Patent 70

Design Patent Patent Infringement Art Designs 70

JD Supra Law

AUGUST 30, 2023

is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based company says an importer is profiting from Kohler’s designs and has filed a patent infringement lawsuit to stop Sweethome from selling certain faucets. Sweethome d/b/a Sweethome247.com, com, Case No.

Design Patent 68

Design Patent Patent Infringement Designs Design 68

JD Supra Law

OCTOBER 4, 2023

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design patent. By: AEON Law

Design Patent 68

Design Patent Patent Infringement Art Designs 68

Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

Design Patent 81

Design Patent Designs Design Patent 81

JD Supra Law

OCTOBER 5, 2023

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an infringement analysis―to the same article of manufacture claimed by the patented design. By: Morgan Lewis

Design Patent 70

Design Patent Designs Design Patent Infringement 70

JD Supra Law

SEPTEMBER 16, 2024

and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. By: Irwin IP LLP

Design Patent 65

Design Patent Patent Infringement False Advertising Designs 65

Intellectual Property Law Blog

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. These products (e.g.,

Art 162

Art Design Patent Designs Design 162

IP Watchdog

NOVEMBER 22, 2024

Department of Justice (DOJ) plans to ask a judge to force Google to sell Chrome in an ongoing legal case accusing Google of monopolistic practices; WIPO member states adopt the Riyadh Design Law Treaty; and the U.S.

Designs 59

Designs Design Law Patent Infringement 59

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.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

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

Patent Trademark Blog

SEPTEMBER 10, 2024

What are your options when Amazon ASIN listings infringe your patent? Patents give sellers a fair and lawful way to block competitors from copying innovative products. So, how do you use your patent effectively to block an infringing Amazon ASIN? Know which type of patent you own.

Design Patent 52

Design Patent Patent Infringement Designs Design 52

Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Need help to avoid infringing patents?

Patent Infringement 52

Patent Infringement Design Patent Patent Designs 52

JD Supra Law

SEPTEMBER 26, 2024

The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This balance is now broken.

Patent Infringement 98

Patent Infringement Inventor Invention Patent 98

JD Supra Law

MARCH 4, 2024

This Patent Law case involves a patent infringement lawsuit brought by Fa-Hsing Lu against Hyper Bicycles, Inc. regarding two design patents Lu holds for the ornamental design of a bicycle. By: Whitcomb Selinsky, PC

Patent Infringement 65

Patent Infringement Design Patent Patent Designs 65

Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). Dorsey’s Patent group. Source: SCRIBD.

Patent 116

Patent Inventor Journalism Intellectual Property 116

IP Watchdog

SEPTEMBER 1, 2021

Would you believe the following scenario could happen under our patent system? Commanding 50% market share in unit sales of the patented product, the patent holder prevails in patent infringement suits obtaining court injunctions against all major rivals and maintaining a strict no-licensing policy.

Inventor 123

Inventor Patent Patent Infringement Licensing 123

The IPKat

FEBRUARY 2, 2025

Patents A Kat considering becoming a judge Image by Riana Harvey Jocelyn Bosse discussed the latest ruling of the US District Court for the Northern District of Texas (Dallas Division) in David Austin Roses Ltd. If you have not done so yet, do not forget to vote for your favourite IP books here ! GCM Ranch LLC on English Roses.

Designs 59

Designs Design Copying IP 59

Indiana Intellectual Property Law

NOVEMBER 12, 2024

The company is taking steps to strengthen its position by filing lawsuits against competitors over alleged patent violations concerning its top cancer therapies, Pluvicto and Lutathera. In June 2024, Novartis and the Purdue Research Foundation filed a lawsuit in Indiana, claiming that Lilly’s PNT2002 infringes on their U.S. 10,624,970.

Patent 52

Patent Marketing Marketing Designs 52

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?

Patent Infringement 52

Patent Infringement Cease and Desist Patent Design Patent 52

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 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.

Invention 90

Invention Art Patent Designs 90

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

JD Supra Law

MAY 9, 2024

collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co. collectively, “GM”). By: Irwin IP LLP

Design Patent 62

Design Patent Designs Design Patent 62

Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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.

Design Patent 69

Design Patent Art Designs Design 69

Patently-O

FEBRUARY 10, 2022

2015) in finding that manufacture and delivery of a product in a foreign country can infringe a US patent if sufficient sales-activity occurred within the US. The case involves wireless communication chip logic patented by CalTech. Broadcom makes infringing chips and they are installed in Apple devices. Broadcom Ltd.

Patent 126

Patent Contracts Invention Designs 126

IP Watchdog

OCTOBER 29, 2024

Over the past decade, Brazil has seen an increase in patent litigation, as the local economy grows and stabilizes. With more companies eyeing Brazil as a strategic country for the protection of IP, the patent system becomes more scrutinized and more complex patent cases are filed.

Designs 59

Designs Design Litigation IP 59

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.

Design Patent 73

Design Patent Designs Design Patent 73

JD Supra Law

SEPTEMBER 28, 2023

Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.”

Design Patent 65

Design Patent Art Designs Design 65

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.

Design Patent 52

Design Patent Designs Design Patent Application 52

Patently-O

NOVEMBER 3, 2021

His research interests are broad, and he recently completed a comparative work examining patents in Islamic law. Companies and law firms with a transnational presence in Islamic countries should recognize that patents may present different considerations in countries with less secular legal systems. patent law. patent law.

Law 106

Law Patent Intellectual Property Patent Infringement 106

IP Watchdog

MAY 21, 2023

The Unified Patent Court (UPC) is only a fortnight away; it will go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, Part 2 on the timelines and Part 3 on the remedies that are available at the UPC, this Part 4 will address the financial aspects of UPC infringement proceedings.

Patent 126

Patent Designs Design Patent Infringement 126