Remove 2020 Remove Design Patent Remove Designs Remove Patent Infringement
article thumbnail

Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

article thumbnail

Design patent infringement: What is a substantially similar appearance?

Patent Trademark Blog

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer?

Insiders

Sign Up for our Newsletter

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

article thumbnail

Design Patents are Heating Up at the Federal Circuit

LexBlog IP

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. In this instance, Columbia appealed to the Federal Circuit after the jury returned a verdict of non-infringement in the lower court. Seirus Innovative Accessories, Inc. and Curver Luxembourg, SARL, v.

article thumbnail

Federal Circuit Requires Prior Art Be Analogous for Anticipation of Design Patents

IP Intelligence

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

article thumbnail

New Paris-Based Company Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”). The case was assigned to Judge Damon R.

article thumbnail

Guest Post: We need to talk about the NDIL’s Schedule-A cases

Patently-O

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. It is clear, from reading the decision, that the design patent infringement claims lacked merit.

article thumbnail

SpicyIP Weekly Review (January 17- January 22)

SpicyIP

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna.

Design 99