Remove 2016 Remove Copying Remove Designs Remove Invention
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. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for false advertising under the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs brief.

article thumbnail

PTAB Captains Take Notice: Carefully Weigh Secondary Considerations

Patently-O

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. Nexus is not limited to only novel features, but considers the invention as a whole. Fox Factory, Inc.

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

Fish Principals Author Law360 Article “How to Succeed in Design Patent Cases at the PTAB”

Fish & Richardson Trademark & Copyright Thoughts

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. PDF copy available. As an initial matter, design patent trials at the PTAB are relatively rare. The numbers can partly be explained by the nature of design patents.

article thumbnail

Schrodinger’s Claims of Mitsui Chemicals: Claims That Are There and Also Not There

SpicyIP

Thus, the Controller further directed the Appellant to file a fresh translated copy of the PCT application. The Appellant was again directed to file the verified copy of the English translation of the international patent application. The 2019 Patent Office Manual allows deletion of claims without filing an application of amendment.

article thumbnail

SpicyIP Weekly Review (April 29- May 05)

SpicyIP

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination? Bulgari S.P.A

article thumbnail

Claim Construction Order Sets Stage for Moderna v. Pfizer Vaccine Patent Showdown

Patently-O

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. Note that the court broadly defined betacoronavirus to include later-invented forms. See Phillips v.

Patent 97
article thumbnail

[Guest post] Ownership of IP rights by DAOs – the future is nigh?

The IPKat

The idea of DAO is not that new with the most well-known DAO (uninventively called “ The DAO ” ) dating back to 2016. Ownership of IP In a recent curious example, Spice DAO paid $3 million for an original 1975 copy of the Dune bible by Alejandro Jodorowsky. So what are the IP-specific issues that are relevant to DAOs?

Ownership 134