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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. 2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”).

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Patent Law at the Supreme Court February 2022

Patently-O

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. 2022)(forthcoming).

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Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit – Part 3

Patently-O

The first time the Federal Circuit ever granted mandamus to overturn a transfer denial was in 2008, in a case called In re TS Tech , which arose from the Eastern District of Texas. The figure below shows the outcomes of decisions on mandamus petitions challenging § 1404(a) transfer denials decided by the Federal Circuit each year since 2008.

Patent 80
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Federal Circuit Narrows Scope of Egyptian Goddess

Patently-O

” In design patent law, the test for infringement is whether an ordinary observer would find the accused design substantially similar to the claimed design, such that they would be deceived into purchasing the accused design believing it to be the claimed design. 2008) (en banc). Egyptian Goddess, Inc.

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Personal Jurisdiction: Is it Still Federal Circuit Law?

Patently-O

The crux of the decision is as follows: [T]he district court read our precedent as applying a bright-line rule that patent infringement notice letters and related communications can never form the basis for personal jurisdiction. Personal Jurisdiction as Not Patent Law Specific. ” Quoting Avocent (Fed.

Law 51
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IP Litigation Update in the District of Delaware (Not Patents!)

LexBlog IP

Judge Andrews’s Javo opinion is a guidepost for parties that are either pleading infringement or trying to dismiss infringement claims early. Next is a copyright case at the dispositive motion stage. The plaintiffs (all indirect subsidiaries of Johnson & Johnson Surgical Vision, Inc.) ’” Id. Healthcare Mgmt.

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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. In 2008, a patient group took up this issue to the Madras High Court in a case involving a patent application for an AIDS drug.

Patent 52