Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

JD Supra Law

JUNE 14, 2022

This article supplements our previous post with updated 2021 data. design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S.

Design Patent 97

Design Patent Designs Design Patent 97

JD Supra Law

SEPTEMBER 26, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 2021-2299, 21-2338 (Sept. Last week, in a precedential decision, the U.S. In the decision, captioned Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc.,

Design Patent 70

Design Patent Designs Design Art 70

JD Supra Law

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. By: Quarles & Brady LLP

Design Patent 98

Design Patent Designs Design Patent Infringement 98

Patently-O

AUGUST 23, 2021

2021) [ OPINION ]. Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.”

Design Patent 89

Design Patent Designs Design Patent 89

LexBlog IP

FEBRUARY 4, 2022

According to the recently-published 2021 US Design Patent Toteboard , Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list.

Design Patent 52

Design Patent Designs Design Intellectual Property 52

JD Supra Law

MARCH 21, 2023

Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. Among them, the applicants and the patent attorneys pay special attention to the introduction of the partial design system. By: Linda Liu & Partners

Design Patent 52

Design Patent Designs Design Patent Application 52

JD Supra Law

AUGUST 12, 2021

Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever. By: Jason Nolan

Design Patent 70

Design Patent Designs Design Patent 70

LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 2021-2299, 21-2338 (Sept. 2021-2299, 21-2338 (Sept. Design Patent No. In the decision, captioned Columbia Sportswear North America, Inc. 4th 1380, 1382 (Fed.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MARCH 2, 2022

More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures. As interest has grown, so have the number of filings for design rights.

Design Patent 59

Design Patent Designs Design Patent 59

JD Supra Law

MARCH 3, 2022

More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures. As interest has grown, so have the number of filings for design rights.

Design Patent 52

Design Patent Designs Design Patent 52

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MARCH 4, 2022

Continuing the trend that we analyzed in May 2020, petitions to the US Patent and Trademark Office Patent Trial and Appeals Board (PTAB) requesting inter partes review or post-grant review for design patents maintained an institution rate well below 50% in 2020.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

Design Patent 98

Design Patent Designs Design Patent Law 98

JD Supra Law

MARCH 7, 2022

the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017). 2021 was no different with 254 new design patent cases filed. Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the

Design Patent 52

Design Patent Designs Design Patent 52

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. Teleflex , 550 U.S. 398 (2007). 2d at 391 ).

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Article 2.4

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MARCH 9, 2022

In May 2020, we reported in an article published by Law360, “design patents outperform utility patents when it comes to injunctive relief.” The same is true when it comes to a rare form of injunctive relief—a general exclusion order (GEO)—issued in Section 337 investigations by the US International Trade Commission (ITC).

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

JUNE 14, 2022

This article supplements our previous post with updated 2021 data. design patents continue to grow in popularity. design patents that issued in 2021 was still greater than the number of U.S. design patents that issued in each year between 2012-2018, and was more than 50% greater than the number of U.S.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

FEBRUARY 23, 2022

In conjunction with the forthcoming release of the firm's inaugural year-in-review report, speakers will offer case summaries and analysis of particularly significant design patent updates and trends. A look at design cases to watch in 2022 will.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

NOVEMBER 21, 2023

As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. By: Quarles & Brady LLP

Designs 65

Designs Design Design Patent Intellectual Property 65

JD Supra Law

FEBRUARY 16, 2024

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners.

Designs 70

Designs Design Intellectual Property Design Patent 70

Patently-O

SEPTEMBER 11, 2021

This moving chart shows the most popular "article of manufacture" claims in US Design Patents since the 1970s. — Dennis Crouch (@patentlyo) September 11, 2021. pic.twitter.com/Wcy5c1ITAq.

Design Patent 56

Design Patent Designs Design Patent 56

JD Supra Law

MARCH 10, 2022

Like 2020 before it, 2021 has been a year of change for global design protection. Countries like Korea continue to update their rules to deal with the realities of modern, virtual design. China enacted a big modernization to its design laws, bringing them more in line with international norms.

Designs 52

Designs Design Design Patent Law 52

LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

Design Patent 52

Design Patent Designs Design Patent Infringement 52

LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. 1] Likewise, design patents are not subject to attacks under 35 U.S.C. § ” [6].

Design Patent 52

Design Patent Art Designs Design 52

IP Intelligence

OCTOBER 12, 2021

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]

Design Patent 52

Design Patent Art Designs Design 52

JD Supra Law

OCTOBER 26, 2021

On October 14, 2021, United States District Judge Lorna G. Design Patent No. 668,091 (“the D091 Patent”) in a dispute between Sure Fit Home Products, LLC, SF Home Décor, LLC, Zahner Design Group, Ltd., Schofield (S.D.N.Y.) construed the scope of U.S. and Hookless Systems of North America, Inc. Defendant”).

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

OCTOBER 7, 2021

Kilpatrick Townsend partner Rob Potter was recently a speaker at the Intellectual Property Owners Association 2021 Annual Meeting. Mr. Potter participated in a panel discussion addressing “Anti-Counterfeiting: Enforcing Design Patents at the Border.”

Design Patent 55

Design Patent Designs Design Intellectual Property 55

Intellectual Property Law Blog

DECEMBER 21, 2023

2021-2299, 2021-2338 (Fed. 15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design.

Art 162

Art Design Patent Designs Design 162

Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO.

Design Patent 40

Design Patent Designs Design Patent Application 40

JD Supra Law

MARCH 16, 2022

On September 14, 2021, U.S. D930702, a design patent on a Display Screen Portion with Animated Graphical User Interface, was issued to Wepay Global Payments LLC. By: Harness IP

Design Patent 52

Design Patent Designs Design Patent 52

IP Tech Blog

FEBRUARY 10, 2022

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. Other cities and provinces started similar provisions in the summer of 2021. on April 19, 2021.

Designs 62

Designs Design Intellectual Property Design Patent 62

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

Columbia first sued Seirus in 2013 in federal court in Washington, alleging infringement of its design patent by the HeatWave fabric included within Seirus’ HeatWave products. Columbia refiled the case in 2015 in federal court in Oregon and added two utility patents directed to partial coverage of heat-reflective materials on fabrics.

Design Patent 95

Design Patent Designs Design Patent 95

JD Supra Law

MARCH 8, 2022

In 2021, the US Court of Appeals for the Federal Circuit issued four opinions regarding US design patents— two precedential opinions and two unprecedential opinions. Patent and Trademark Office Patent Trial and Appeal Board (PTAB). Both precedential opinions, In re SurgiSil and Campbell Soup Company v.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

AUGUST 30, 2021

For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., By: Jones Day

Design Patent 52

Design Patent Designs Design Trademark 52