IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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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.

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JD Supra Law

FEBRUARY 16, 2022

manufacturer of the Hydrow Rower, brought a design patent infringement and trade dress infringement action against iFit Health & Fitness (formerly Icon Health & Fitness) in the District of Delaware. By: Harness IP On February 14, 2022, Hydrow, Inc.,

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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. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. Design Patent No.

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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.

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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?

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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.

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LexBlog IP

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.,

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LexBlog IP

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.

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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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IPilogue

MAY 30, 2022

Claire La Mantia is an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. This lawsuit was made in response to Peloton’s claim that Lululemon’s design patents for these activewear pieces were invalid.

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LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field. Seirus Innovative Accessories, Inc.

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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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IP Law 360

AUGUST 2, 2021

s bid to dismiss part of a design patent infringement claim raised by Converse Inc. in its lawsuit over high top sneaker designs, finding that the shoes' looks are similar enough to preserve Converse's claim at this time. A Massachusetts federal judge on Monday denied Steve Madden Ltd.'s

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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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Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? So you’ve created a new product.

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IP Law 360

MARCH 2, 2022

Apple, Amazon, Tesla and two other household names are the latest to face patent infringement suits by a patent-holding company that claims they swiped its user interface design.

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IP Law 360

NOVEMBER 16, 2021

remain in settlement talks to resolve a patent infringement dispute over high-top sneaker designs, according to a Tuesday court filing, entering at least their fourth month of trying to resolve the suit. Steve Madden and Converse Inc.

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Patent Trademark Blog

DECEMBER 5, 2023

Whether you are the patent owner or an Amazon seller selling me-too products, you must keep a close watch on whether any sales on the e-commerce platform are infringing any patents. Even simple products can infringe design patents. Need to fight an Amazon neutral patent evaluation case?

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. We will keep monitoring and reporting.

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Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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Patent Trademark Blog

JANUARY 25, 2024

Amazon Report Infringement Form: Start Here Patent owners should take advantage of Amazon’s online form for reporting infringement. Amazon will email the status of your report of infringement to the email address you provided. IP owners have the option of retracting a previously submitted report of infringement.

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Patent Trademark Blog

DECEMBER 7, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your online sales. Design Patent vs. Utility Patent: Which IP makes sense for Amazon sales? Design patents protect the ornamental appearance of a product while utility patents protect functionality.

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LexBlog IP

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.

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IP Watchdog

OCTOBER 29, 2022

District Court for the Northern District of Illinois against hoverboard products alleged to infringe four design patents due to “substantive defects” in the court’s reasoning for granting the injunctions. Court of Appeals for the Federal Circuit (CAFC) vacated two separate preliminary injunction orders granted by the U.S.

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LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision.

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IP Watchdog

FEBRUARY 10, 2022

District Court for the District of Pennsylvania’s summary judgment that a medical device design patent was not invalid under the on-sale bar. The district court found the patent was infringed and awarded damages in the amount of $1,247,910. Court of Appeals for the Federal Circuit (CAFC) today reversed the U.S.

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Patent Trademark Blog

NOVEMBER 16, 2023

You need to login to your Brand Registry account and submit the proper request to escalate your patent infringement case. Make sure you specify that your patent is a utility or design patent. What if your patent escalation request is rejected? For utility patents, you want APEX.

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IP Law 360

AUGUST 9, 2022

The Federal Circuit on Tuesday turned down a legal effort by hoverboard manufacturers to disqualify a Chicago federal judge for "a preconceived bias" against "foreign entities" in a design patent infringement suit launched by a Chinese hoverboard manufacturer.

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Patent Trademark Blog

APRIL 27, 2023

By getting into the Brand Registry, you are now in Amazon’s system which provides you with various options for enforcing your IP rights against competing sellers. What types of patents are eligible for Amazon APEX? The APEX program works for utility patents only. appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Design patents protect the ornamental appearance of such products.

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Patent Trademark Blog

MAY 11, 2022

How can you use IP to block counterfeits? You can acquire certain IP rights to block the sale of counterfeit goods. You can then record your registered trademark with US Customs to block the import of infringing goods bearing similar marks. File design patents to protect the appearance of the product.

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Patent Trademark Blog

JUNE 15, 2023

Would a design patent be worth your money and time? So far, most of the considerations above relate to utility patents. The cost to obtain a design patent is typically a fraction of what it costs to get a utility patent. The post Is a Patent Worth Your Money and Time?

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Patent Trademark Blog

FEBRUARY 15, 2024

What is utility patent infringement? When it comes to utility patents, what modifications would help your products avoid infringement? Let’s delve into how to win the noninfringement argument for utility patents. For design patents, see my post on design patent infringement.

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Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily).

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Chicago IP

JUNE 6, 2022

Judge Dow converted the previously entered Temporary Restraining Order (TRO) into a Preliminary Injunction (PI) against the challenging defendants in this design patent dispute involving wireless earphone headbands. Defendants did not sufficiently prove that their alleged prior art was, in fact, prior art to plaintiff’s design patent.

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