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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.

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Article of Manufacture Requirement in the US

IP and Legal Filings

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Are inventions described in works of science fiction patentable? In our new paper, The Patent Law Origins of Science Fiction , available at [link] , we show that science fiction as a literary form was originally premised on the idea that works of science fiction are like patents. University of Minnesota Press 2016).

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Junker v. Medical Components, Inc.: Pre-filing Offers for Sale Trigger Patent “On-Sale Bar”

LexBlog IP

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.

Patent 52
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An Overview of Utility Patents in the United States

Fish & Richardson Trademark & Copyright Thoughts

[i] Utility patents are the most prevalent type of patent. As of 2016, the United States Patent and Trademark Office estimated that 90% of the issued patent documents are utility patents. [ii] Who can apply for a patent? Anyone with an invention—an inventor—may apply for a patent.

Patent 52
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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. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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Scope of IPR Estoppel Expands, but How Far?

Patently-O

The court also vacated an infringement finding with regard to one of the patent claims because the district court did not instruct the jury on the construction of a particular term (“variable number of subsets”). Eligibility : The inventive feature here is use of bit repetition to better ensure wireless signal transmission.