JD Supra Law

OCTOBER 19, 2023

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. . By: Quarles & Brady LLP

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IP Watchdog

JUNE 30, 2023

Court of Appeals for the Federal Circuit (CAFC) has granted a rare en banc review of its January, 2023, decision in LKQ Corporation v. Patent D855,508 covers a “vehicle front skid bar.”

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IP Watchdog

MAY 16, 2023

The United States Patent and Trademark Office (USPTO) today published a Notice of Proposed Rulemaking (NPRM) to the Federal Register that proposes a separate design patent practitioner bar. Design patent practitioners would only be able to participate in design patent proceedings.

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The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Durkin, Deirdre M.

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JD Supra Law

FEBRUARY 22, 2024

Design Patent Trends at the ITC - The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such investigations were concluded. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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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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JD Supra Law

NOVEMBER 30, 2023

The US Patent & Trademark Office (PTO) published a notice regarding supplemental guidance for PTO personnel examining design patent claims containing computer-generated images. 80277 (Nov. By: McDermott Will & Emery

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JD Supra Law

FEBRUARY 15, 2024

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. 2023 saw the near-completion of global adoption of partial design practice (China and Brazil are now there, Australia nearly so).

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JD Supra Law

OCTOBER 2, 2023

However, owners may not appreciate another type of intellectual property right that can complement their trademark portfolios: design patents. Below is an overview of the potential benefits of filing design patent applications to protect two types of designs: trade dress and graphical.

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JD Supra Law

FEBRUARY 14, 2024

In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. design patents. The three 2023 opinions are Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc., LKQ Corporation v. GM Global Technology Operations LLC, and Blue Gentian, LLC v. Tristar Products, Inc.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Federal Circuit’s 2023 Decision. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. 3d 665 (Fed.

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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

JANUARY 18, 2023

Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. Seirus Innovative Accessories, Inc.

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JD Supra Law

AUGUST 30, 2023

22, 2023) - The Kohler Co. is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based company says an importer is profiting from Kohler’s designs and has filed a patent infringement lawsuit to stop Sweethome from selling certain faucets. Kohler Co. Sweethome d/b/a Sweethome247.com,

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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. 15, 2023), the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of.

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JD Supra Law

SEPTEMBER 28, 2023

Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.”

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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]

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IP Watchdog

AUGUST 30, 2023

Court of Appeals for the Federal Circuit (CAFC) in a rare en banc review of the court’s January, 2023, decision in LKQ Corporation v. That decision affirmed a Patent Trial and Appeal Board (PTAB) ruling that LKQ failed to show by a preponderance of the evidence that GM’s design patent was anticipated or would have been obvious.

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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. In June of this year, the CAFC granted a rare en banc review of its January, 2023, decision in LKQ Corporation v.

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JD Supra Law

FEBRUARY 9, 2023

Addressing the standard for obviousness of design patents, the US Court of Appeals for the Federal Circuit, in a per curiam opinion, upheld the Patent Trial & Appeal Board’s finding that a challenged design patent was not obvious over the pre-KSR design patent obviousness test or anticipated.

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JD Supra Law

JULY 14, 2023

Teleflex on design patents. June 30, 2023) (per curiam). The Federal Circuit withdrew its earlier panel decision addressing KSR’s application to design patents. LKQ Corporation v. GM Global Technology Operations, Case No. 21-2348 (Fed. By: McDermott Will & Emery

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 52

Design Patent Designs Design Patent 52

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

FEBRUARY 2, 2023

Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that governs design patents in LKQ Corp., Keystone Auto. GM Global Tech. Operations LLC.

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JD Supra Law

NOVEMBER 20, 2023

Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces.

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JD Supra Law

SEPTEMBER 29, 2023

Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. In this issue: - FTC Guidelines Influence How Influencers Influence - How Design Patents Can Complement Brands' Trademark Portfolios. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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LexBlog IP

JANUARY 18, 2023

Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. Seirus Innovative Accessories, Inc. and Curver Luxembourg, SARL, v.

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JD Supra Law

AUGUST 10, 2023

On June 30, 2023, the U.S. The full court will consider whether forty years of established precedent regarding the obviousness of design patents should be revised or overturned in light of the Supreme Court’s KSR Int’l Co. Court of Appeals for the Federal Circuit granted a petition for rehearing en banc in LKQ Corp. Operations.

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JD Supra Law

APRIL 6, 2023

On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) The FAC alleged, inter alia, patent infringement of both utility and design patents by promotional vehicles supplied by Aardvark Event Logistics, Inc. recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. and Samsung Electronics America, Inc.’s

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Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. Expanding opportunities to appear before the Patent Trial and Appeal Board (PTAB).

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JD Supra Law

JANUARY 26, 2023

Following the successful release of the firm's inaugural year-in-review report last year, we will again be hosting a webinar featuring the highlights of our 2023 report. Webinar speakers will provide an overview and analysis of particularly significant design patent updates and trends.

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Intellectual Property Law Blog

DECEMBER 21, 2023

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. Seirus Innovative Accessories, Inc.

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LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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JD Supra Law

SEPTEMBER 21, 2023

Columbia sued Seirus for infringement of a design patent directed to “the ornamental design of a heat reflective material, as shown and described” in various figures. Columbia asserted infringement against Seirus’s HeatWave products, which have a wavy pattern with the “Seirus” logo throughout the design.

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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JD Supra Law

JULY 21, 2023

GM Global Technology Operations, LLC, Case No. 21-2348 (U.S.

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