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.

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JD Supra Law

FEBRUARY 13, 2024

Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough questions on the foundations of the standard for design patent obviousness under Rosen/Durling.

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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.

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The IPKat

JANUARY 7, 2022

Back by popular demand, it is time to vote for your favourite intellectual property law books of 2021! Anyone who managed to publish a book during 2021 most certainly deserves an award in any event, given the added pressures and stresses of the pandemic, but alas there can be only one winner (per category), so vote wisely.

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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.

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The IPKat

JANUARY 25, 2024

By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. On 2 February 2010 Lego obtained RCD No.

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Intellectual Property Law Blog

JULY 25, 2023

Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

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The IPKat

AUGUST 2, 2021

Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right.

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JD Supra Law

JANUARY 12, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

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Plagiarism Today

AUGUST 4, 2022

In February 2021, Activision was sued by author and photographer Clayton Haugen, who alleged Activision based a character named Mara off his character Cade Janus, specifically photos he took of a cosplayer dressed as the character. That case was settled in October 2021. So what happened in this latest case?

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The IPKat

JANUARY 23, 2022

A friendly feline reminder to vote for your favourite intellectual property law book of the year 2021 in the IPKat Book of the Year Awards! Vote for your best IP book of 2021 by taking the survey here PLEASE, FOR THE LOVE OF IP, only complete the survey once! Only votes for books published in 2021 will count.

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Intellectual Property Law Blog

JANUARY 11, 2023

Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2

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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.

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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.

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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.

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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. In this Industry Snapshot, we take a look at the various types of animal product design patents that have been issued by the USPTO over the past few months.

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The IPKat

SEPTEMBER 14, 2021

Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia. Royal Assent was granted on 10 September 2021. Merpel adds: this really grabbed her attention.

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LexBlog IP

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. It was a revolutionary provision.

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LexBlog IP

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. What Does it Mean to Fail to Form a “Relatively Independent Area” or a “Relatively Complete Design Unit” of a Product?

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The IPKat

MARCH 11, 2024

A famous Kat Facts Puma SE filed an application to register a Community design on 26 July 2016. The design represents different views of a trainer, falling within class 02-04 of the Locarno Agreement. In a decision dated 19 March 2021, the Invalidity Division granted the application for a declaration of invalidity.

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The IPKat

MARCH 10, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on some recent EU design case law. The result in this change has been a very dramatic reduction in trade mark and design cases heard by the CJEU.

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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.,

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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

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LexBlog IP

FEBRUARY 15, 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. ” Independent and Complete Design Units For now, partial claims should form an independent and complete design unit.

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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

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JD Supra Law

DECEMBER 17, 2021

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. Patent and Trademark Office issued the implementing TMA rules on November 17, 2021, which will. trademark statute in more than 20 years.

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The IPKat

FEBRUARY 29, 2024

In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims.

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Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2

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Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. 20-1817 (Supreme Court 2021). . Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. by Dennis Crouch. Ezaki Glico Kabushiki Kaisha v. Petition ].

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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

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The IPKat

JANUARY 15, 2022

This is a guest book review of the Research Handbook on Design Law , edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany. Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive. Durkin, Ádám György, Mark D. The book does not disappoint.

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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.

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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.

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JD Supra Law

DECEMBER 14, 2021

On December 1, 2021, RefleXion Medical, Inc. Food and Drug Administration (“FDA”) has granted the company breakthrough device designation for its biology-guided radiotherapy (“BgRT”) for lung tumors. RefleXion”), announced that the U.S. By: Knobbe Martens

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Barry Sookman

MAY 26, 2022

I had the pleasure earlier today to provide a talk to ALAI on “ Copyright The Year in Review 2021-2022. Pyrrha Design Inc. 2021 FC 314. 2021 QCCS 1187, motion to dismiss appeal denied, Arc En Ciel RH c. … The post Copyright Year in Review 2021-2022 appeared first on Barry Sookman. Plum and Posey Inc.

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Patently-O

AUGUST 23, 2021

2021) [ OPINION ]. Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.”

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The IPKat

JANUARY 10, 2022

The Plan provides that during the French Presidency, the Council will start working on the Commission’s proposal on industrial designs. Originally planned for 2021, the Commission’s proposal to review the Design Directive and the Design Regulation is to be unveiled in the second quarter of 2022.

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