JD Supra Law

APRIL 16, 2024

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. § Design Patent No.

Design Patent 65

Design Patent Designs Design Patent 65

IP Watchdog

JANUARY 5, 2024

In other barks and bites for the first week of 2024, there were several updates from the U.S. Patent and Trademark Office, including recent leadership moves, a U.S.

Designs 64

Designs Design Design Patent Patent 64

JD Supra Law

FEBRUARY 14, 2024

design patents. They both are part of ongoing sagas—one that has been pending for a decade and one that will be heard en banc in February 2024. In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. The three 2023 opinions are Columbia Sportswear North America, Inc. LKQ Corporation v.

Design Patent 68

Design Patent Designs Design Patent 68

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

IP Watchdog

FEBRUARY 19, 2024

On February 5, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger.

Designs 59

Designs Design Design Patent Patent 59

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 71

Design Patent Designs Design Trademark 71

IP Law 360

JANUARY 1, 2024

A rare patent case taken up by the full Federal Circuit that has the potential to weaken design patents, and U.S. Supreme Court challenges to the Patent Trial and Appeal Board's authority are among the patent cases attorneys will be tracking this year.

Patent 40

Patent Design Patent Designs Design 40

Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. On the patent side, the increase in the fees will be applicable to standard entity size. Thus, small entity patent applicants will only experience CIPO’s regular annual fee increase in 2024.

Intellectual Property 52

Intellectual Property Patent Application Intellectual Property Law Designs 52

Patently-O

JANUARY 22, 2024

Feb 6 12noon EST – Debating Design Patent Obviousness – Streaming via Suffolk – Free Event ( REGISTER HERE ) : The Federal Circuit has not held an en banc rehearing in a patent case since before COVID. The first one (and only one on the docket) is the important design patent obviousness case of LKQ v.

Design Patent 63

Design Patent Government Designs Design 63

LexBlog IP

JANUARY 5, 2024

Regeneron seeks a PI schedule to “ensure an orderly process that will result in resolution of its forthcoming motion for PI before May 17, 2024,” when its regulatory exclusivity period ends. A status conference took place today January 5, 2024 in relation to Regeneron’s emergency motion. Patent Nos. Patent Nos.

Litigation 52

Litigation Design Patent Designs Design 52

Technology & Marketing Law Blog

JANUARY 21, 2024

YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D. This is a design patent SAD Scheme case. For this and many other reasons, I reiterate: #StopTheSADScheme. Case Citation : Viral DRM LLC v.

Copyright 78

Copyright Design Patent Trademark Designs 78

Patently-O

APRIL 3, 2024

These fees are clearly designed to discourage applicants from filing continuation applications long after the original priority date, pushing them to pursue more focused and timely prosecution. The NPRM would also hike design patent filing and issuance fees. It is unclear how this proposal benefits the USPTO.

Patent Prosecution 52

Patent Prosecution Design Patent Designs Design 52

The IPKat

MARCH 29, 2024

On 29 February 2024, the UK Intellectual Property Office (UKIPO) released a report on “ Emerging public perceptions of intellectual property in UK media ” authored by fellow Kat Hayleigh Bosher.

Intellectual Property 62

Intellectual Property Social Media Reporting Registration 62

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 110

Design Patent Designs Design Graphic Design 110

LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

JULY 7, 2023

Last week, the Federal Circuit decided to consider, en banc , whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness. In re Rosen , 673 F.2d 3d 100 (Fed.

Design Patent 40

Design Patent Designs Design Patent 40

Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. 3] A diplomatic conference is now scheduled for late 2024 to finalize the treaty, but it remains to be seen whether WIPO members be able to reach a consensus. In the US, these are design patent rights.

Designs 40

Designs Design Law Registration 40

Patently-O

JANUARY 23, 2024

2, 2024), ECF 76. Additional observations : This case is a good example of why patent litigation is a poor fit for the Schedule A litigation model. I’ve written here before about how design patent infringement is ill-suited to ex parte adjudication; so too is utility patent adjudication. 1:23-cv-02605 (SDNY Jan.

Litigation 85

Litigation Settlement Patent IP 85

Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. Perhaps most significantly, although many of the defendants’ barstools exhibit some similarity in the design of the seat and backrest, the bases of many of the barstools vary widely. Case Citation : Wang v.

Patent 66

Patent Patent Troll Blogging Trademark 66

SpicyIP

OCTOBER 23, 2023

Nishita Design AndAnr vs Clay Craft India Private Limited on 13 October, 2023 (Delhi High Court) The plaintiff, holding registered designs for “Devanagiri” and “Banaras” used on crockery, alleged infringement and piracy by the defendants. 20,00,000 plus GST. Fsn E-Commerce Ventures Ltd &Anr.

Designs 52

Designs Design Music IP 52

SpicyIP

DECEMBER 30, 2023

CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Microsoft Technology Licensing v. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124