Remove 2003 Remove Designs Remove Patent Infringement Remove Patent Law
article thumbnail

Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

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.

article thumbnail

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

SpicyIP

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Concluding Thoughts.

Reporting 136
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. 23 (2003), false claims about the inventorship or authorship of a product are not actionable under the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs brief.

article thumbnail

The Draft Patent (Amendment) Rules, 2023

Intepat

Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules). The 2003 Rules came in super session of the erstwhile Patents Rules, 1972 and provided an elaborate description of the filing procedure and allied actions.

Patent 52
article thumbnail

Within The Scope of This Concise Analysis, the Case of Bajaj Auto Ltd. v. T.V.S. Motor Company Ltd. Is Investigated

IP and Legal Filings

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. 1903 RPC 225. 1906 RPC 6.

article thumbnail

Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

FRAND licensing commitments are designed to alleviate the risk that SEP holders will prevent broad adoption of a standard by asserting their patents against manufacturers of standardized products. Ericsson and HTC entered into three such licensing agreements in 2003, 2008 and 2014. Apportionment. Clark , 111 U.S. concurring).

article thumbnail

Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

Ericsson made submissions to ETSI committing to grant licenses to patents that cover those standards on fair, reasonable and non-discriminatory terms (FRAND). Ericsson and HTC had entered cross-license agreements in 2003, 2008 and 2014. HTC also owns 2G, 3G and 4G SEPs. per mobile device based on HTC’s actual sales. .”