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. 398 (2007). Teleflex , 550 U.S.

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LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath.

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LexBlog IP

JULY 7, 2023

Last week, the Federal Circuit decided to consider, en banc , whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness. Patent No. .”

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LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8].

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43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

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Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted.

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LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. It focuses on the similarities and dissimilarities of different aspects of intellectual property (IP) law in China and how they interact with each other. Protection of 2D Designs. Trademark.

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LexBlog IP

APRIL 25, 2023

WePay Global Payments LLC , determining the design claim of US D930,702 (“D’702”) unpatentable, as both anticipated and obvious based on a single reference, Reddy, US 2018/0260806 A1 (“Reddy”). 3] decision overruled the tests for obviousness of design patents established in Durling v. 34, at 9. .”

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