Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.”

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JD Supra Law

FEBRUARY 13, 2024

Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough questions on the foundations of the standard for design patent obviousness under Rosen/Durling.

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LexBlog IP

OCTOBER 18, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. Design patent filings in the U.S.

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JD Supra Law

MAY 23, 2024

2021-2348 (Fed. Operations LLC, No. May 21, 2024). By: Orrick, Herrington & Sutcliffe LLP

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Patently-O

SEPTEMBER 19, 2021

This time, I was able to go back to the 1840s and show the most-common design patent titles from each era. The bulk of the data also comes via OCR of images and so there are some artifacts (although I did read-through the first 1,000 design patents). To make the chart, I used a 14 year rolling average.

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Patently-O

OCTOBER 6, 2021

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. by Dennis crouch. In re Surgisil, LLP , — 4th — ( Fed.

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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.

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JD Supra Law

JUNE 14, 2022

This article supplements our previous post with updated 2021 data. 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.

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JD Supra Law

SEPTEMBER 26, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 2021-2299, 21-2338 (Sept. Last week, in a precedential decision, the U.S. In the decision, captioned Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc.,

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Patently-O

AUGUST 23, 2021

2021) [ OPINION ]. Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.”

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JD Supra Law

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. By: Quarles & Brady LLP

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JD Supra Law

MARCH 21, 2023

Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. By: Linda Liu & Partners

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LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 2021-2299, 21-2338 (Sept. 2021-2299, 21-2338 (Sept. Design Patent No. In the decision, captioned Columbia Sportswear North America, Inc. 4th 1380, 1382 (Fed.

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JD Supra Law

AUGUST 12, 2021

Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever. By: Jason Nolan

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LexBlog IP

FEBRUARY 4, 2022

According to the recently-published 2021 US Design Patent Toteboard , Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

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JD Supra Law

MARCH 2, 2022

More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures. As interest has grown, so have the number of filings for design rights.

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Patently-O

SEPTEMBER 2, 2022

2021-2299 (Fed. 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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JD Supra Law

MARCH 3, 2022

More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures. As interest has grown, so have the number of filings for design rights.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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JD Supra Law

MARCH 4, 2022

Continuing the trend that we analyzed in May 2020, petitions to the US Patent and Trademark Office Patent Trial and Appeals Board (PTAB) requesting inter partes review or post-grant review for design patents maintained an institution rate well below 50% in 2020.

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JD Supra Law

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. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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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

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

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JD Supra Law

MARCH 9, 2022

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general exclusion order (GEO)—issued in Section 337 investigations by the US International Trade Commission (ITC).

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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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LexBlog IP

JUNE 14, 2022

This article supplements our previous post with updated 2021 data. design patents continue to grow in popularity. design patents that issued in 2021 was still greater than the number of U.S. design patents that issued in each year between 2012-2018, and was more than 50% greater than the number of U.S.

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Patently-O

SEPTEMBER 11, 2021

This moving chart shows the most popular "article of manufacture" claims in US Design Patents since the 1970s. — Dennis Crouch (@patentlyo) September 11, 2021. pic.twitter.com/Wcy5c1ITAq.

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JD Supra Law

FEBRUARY 23, 2022

In conjunction with the forthcoming release of the firm's inaugural year-in-review report, speakers will offer case summaries and analysis of particularly significant design patent updates and trends. A look at design cases to watch in 2022 will.

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JD Supra Law

NOVEMBER 21, 2023

As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. By: Quarles & Brady LLP

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

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Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO.

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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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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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JD Supra Law

OCTOBER 26, 2021

On October 14, 2021, United States District Judge Lorna G. Design Patent No. 668,091 (“the D091 Patent”) in a dispute between Sure Fit Home Products, LLC, SF Home Décor, LLC, Zahner Design Group, Ltd., Schofield (S.D.N.Y.) construed the scope of U.S. and Hookless Systems of North America, Inc. Defendant”).

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JD Supra Law

MARCH 16, 2022

On September 14, 2021, U.S. D930702, a design patent on a Display Screen Portion with Animated Graphical User Interface, was issued to Wepay Global Payments LLC. By: Harness IP

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JD Supra Law

FEBRUARY 16, 2024

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners.

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