LexBlog IP

JULY 13, 2023

In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the Supreme Court’s 2007 decision in KSR v. Teleflex , 550 U.S. 398 (2007). 2d at 391 ).

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LexBlog IP

JUNE 14, 2022

design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2012.

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LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § ” [6].

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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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JD Supra Law

MARCH 7, 2022

the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017). 2021 was no different with 254 new design patent cases filed. Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the

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Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

Columbia first sued Seirus in 2013 in federal court in Washington, alleging infringement of its design patent by the HeatWave fabric included within Seirus’ HeatWave products. Columbia refiled the case in 2015 in federal court in Oregon and added two utility patents directed to partial coverage of heat-reflective materials on fabrics.

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LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 2020-1940 (Oct. Active Mfg.

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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LexBlog IP

JANUARY 13, 2022

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. to] a design in the abstract.” Referencing 35 U.S.C. §

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IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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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. 2019); Int’l Seaway Trading Corp. Seirus Innovative Accessories, Inc. ,

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IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

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LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding.

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Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Design Aesthetics: Apple is known for its minimalist and sleek product design.

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SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. For instance, when a person copies the unique packaging design of a popular energy drink, it confuses consumers and potentially infringes the trade dress.

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CopyrightsWorld

FEBRUARY 10, 2021

Samsung: The Supreme Court presided over a few major technology cases in 2019, but in one of the most important ones, it reversed a ruling that found Samsung liable to pay its profit from the entire line of Galaxy phones in 2011. For example, the device has different components, so the award may be limited to specific infringing features.

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Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012.

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LexBlog IP

SEPTEMBER 24, 2021

.” This is exactly what happened to Jaguar Land Rover in its claim against Land Wind (Jiangling Motors) in China for copying of Jaguar Land Rover’s car design. After their patent battle from 2014 to [2019], the design patents of Jaguar Land Rover and Land Wind for their off-road vehicles were invalidated by each other.

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TraskBritt Intellectual Property

JUNE 10, 2021

Overall, the amount of time it takes to acquire a patent varies based on the field of technology and on the type of application, which may be a provisional, design, utility, or plant application. Furthermore, the number of patent applications received at the USPTO reached a historic high of 621,453 patent applications in 2019! .

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Patently-O

DECEMBER 6, 2023

Gary Shaked (Dafni) holds several patents on hair straightening brushes, and the business took off as a video of the time-saving tool went viral. Dafni sued Ontel and others for patent infringement based upon several utility and design patents. Dafni responded with an IPR of one of the patents. Fox Factory, Inc.

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SpicyIP

DECEMBER 30, 2023

CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Microsoft Technology Licensing v. In Microsoft v.

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43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. He sees this as something about teleology of patent and ©: what they are and what ends they’re for.

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43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Collected 330 cases 2000-2019.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). Figure 1: Battery Patent Filings: CPC Class H01M 1. billion in 2019 ($31.8 Valued at $108.4

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