JD Supra Law

FEBRUARY 21, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents.

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Olartemoure Blog

AUGUST 4, 2023

Design patents allow breweries to safeguard these elements of aesthetic distinction, securing exclusive rights to their innovative designs. Some examples of beer glasses design patents in the US: BEER GLASS US D954,504 S Inventors: Nicolas Brouillac Assignee: PEUGEOT SAVEURS Date of Patent: Jun.

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JD Supra Law

FEBRUARY 22, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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Patently-O

APRIL 27, 2022

Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).”

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JD Supra Law

MARCH 1, 2023

Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement examination of partial designs. Australia implemented a grace period for designs.

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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. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

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JD Supra Law

NOVEMBER 7, 2022

Kilpatrick Townsend’s Babak Kusha recently spoke at the Federal Bar Association’s IP Law Fall Conference 2022 on the topic of “Design Patents for Patent Professionals.”

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JD Supra Law

JANUARY 26, 2023

Webinar speakers will provide an overview and analysis of particularly significant design patent updates and trends. Specifically, the moderator and panelists will discuss key 2022 cases involving design patents that were before the Patent Trial and Appeal Board, U.S.

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Patently-O

OCTOBER 18, 2022

Earlier in 2022, the USPTO made some minor expansions to the criteria for registering as a patent attorney, but this new proposal offers the possibility of a broader inclusive market and a mechanism for the Office to regularly update eligibility criteria. Comments should be submitted by Jan 17, 2023 via the eRulemaking Portal.

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IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

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IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

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LexBlog IP

JUNE 14, 2022

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 patents that issued in 2012.

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JD Supra Law

FEBRUARY 16, 2022

On February 14, 2022, Hydrow, Inc., manufacturer of the Hydrow Rower, brought a design patent infringement and trade dress infringement action against iFit Health & Fitness (formerly Icon Health & Fitness) in the District of Delaware. By: Harness IP

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JD Supra Law

JULY 5, 2023

GM Global Technology Operations LLC, which questions the current standard of non-obviousness that is applied to design patents. After renewal negotiations fell through in early 2022, GM informed LKQ and its business partners that the parts LKQ was selling were no. The Court has agreed to hear LKQ Corporation v.

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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. 1–4, illustrated below.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

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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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. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Patent Trademark Blog

MARCH 3, 2022

What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea? 2D or 3D design, or both?

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LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

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LexBlog IP

MARCH 8, 2022

Interesting Patents. TUESDAY, MARCH 8, 2022. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO.

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JD Supra Law

JULY 12, 2023

OPINION] (2022-1165, 6/27/2023) (Dyk, Reyna, and Stark) - Reyna, J. The Court affirmed a decision by the PTAB in a post-grant review denying an appellant’s motion to substitute claims of a patent directed to a botulinum toxin composition. Precedential Federal Circuit Opinions - MEDYTOX, INC. GALDERMA S.A. By: WilmerHale

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IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. Each country designated by the applicant has the right to perform substantive examination of the application.

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JD Supra Law

FEBRUARY 7, 2024

LKQ filed an inter partes review challenging GM’s auto fender design patent. But, after renewal negotiations fell through in early 2022, GM informed LKQ that the parts LKQ was selling were no longer licensed and therefore infringed GM’s design patent. In response, LKQ sought to invalidate the patent in an IPR.

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JD Supra Law

SEPTEMBER 22, 2023

DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. Precedential and Key Federal Circuit Opinions - NETFLIX, INC. The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art.

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LexBlog IP

JUNE 6, 2022

June 6, 2022 Patent of the Day. June 6, 2022, is the 78th anniversary of the D-Day landing at Normandy. Higgins was a boat builder and his low draft boat hull design, patented in 1939, (U.S. Higgins later design for a landing craft with a deployable ramp (U.S. 2,341,866) was adopted by the U.S.

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JD Supra Law

APRIL 16, 2024

2022-1905, -1970 (Fed. 12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred patentee Eazy-PZ LLC (“EZPZ”) from seeking relief, and also addressed issues concerning inequitable conduct, patent invalidity, and attorneys’ fees and costs under 35 U.S.C. §

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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. were finally approved on December 1, 2021, and just took effect on January 1, 2022.

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LexBlog IP

JUNE 2, 2022

Protecting the Product ’s Editor-in-Chief James Aquilina and regular contributor Joseph Ambrose will each teach sessions at the American Intellectual Property Law Association’s “Design Rights Boot Camp” on June 23-24, 2022, in Arlington, Virginia. Protecting Designs in the Virtual World. James Aquilina.

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LexBlog IP

APRIL 6, 2022

Design patents, sometimes referred to as industrial designs, protect the aesthetic appearance of a product. In other words, unless international or regional treaties are available, a grant of design rights has to be obtained individually in each country of interest. This situation will shortly change.

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LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. Before diving into details, the chart below illustrates how 2D and 3D designs are protected as different IP rights in China. Protection of 2D Designs. Protection of 3D Designs. Trademark.

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LexBlog IP

FEBRUARY 15, 2022

On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application. [1] 1] See [link]. [2] 2] See , [link]. 1] See [link]. [2]

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IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. While most of Crocs’ lawsuits are in the US, the battles have also crossed the border into Canada, such as Crocs’ October 21, 2022 victory in Crocs Canada, Inc.

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LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. Each country designated by the applicant has the right to perform substantive examination of the application.

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JD Supra Law

MARCH 15, 2022

337-TA-1216, wherein the Commission issued a General Exclusion Order (“GEO”) regarding three design patents and three trademarks. The Consequence of Being in Default - This month’s ITC wrap-up reviews the Commission’s Opinion In the Matter of Certain Vacuum Insulated Flasks and Other Components Thereof, Investigation No.

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CoCal IP Law Institute

APRIL 18, 2022

Design Patents in Typefaces The Manual of Patent Examining Procedure (the "MPEP") is remarkably terse regarding typefaces (called Type Fonts just to add to [.]. Typefaces - the actual shapes of a group of letters - and fonts - the software used to create a particular typeface - are both protectable under U.S.

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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. It was a revolutionary provision. Other cities and provinces started similar provisions in the summer of 2021.

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