Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. No, the accused product does not need to include the point of novelty of the patented design in order to infringe.

Design Patent 52

Design Patent Patent Infringement Designs Design 52

Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Are your patent claims invalid?

Patent Infringement 52

Patent Infringement Cease and Desist Patent Design Patent 52

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. 2d 388 (1982).

Design Patent 98

Design Patent Designs Design Patent 98

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. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

SEPTEMBER 22, 2023

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

Art 67

Art Design Patent Patent Infringement Designs 67

Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

Design Patent 81

Design Patent Designs Design Patent 81

LexBlog IP

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. ” Thus, the prior-art design must be applied to the article of manufacture identified in the claim.

Art 52

Art Design Patent 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

DECEMBER 22, 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. By: Sheppard Mullin Richter & Hampton LLP

Art 61

Art Design Patent Patent Infringement Designs 61

Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

Design Patent 52

Design Patent Designs Design Patent 52

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. 2d 388 (1982).

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

Design Patent 52

Design Patent Designs Design Patent 52

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

JANUARY 18, 2023

The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. which each address the issue of determining the article of manufacture, but for different stages of the patent process. Seirus Innovative Accessories, Inc. and Curver Luxembourg, SARL, v.

Design Patent 52

Design Patent Designs Design Art 52

Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,

Design Patent 80

Design Patent Art Designs Design 80

LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Fox Factory , said the court, is not limited to assessing secondary considerations of non-obviousness of utility patents, but also applies to design patents. Gamon Plus, Inc. ,

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. 3d 665 (Fed.

Design Patent 80

Design Patent Art Designs Design 80

Chicago IP

JUNE 6, 2022

Judge Dow converted the previously entered Temporary Restraining Order (TRO) into a Preliminary Injunction (PI) against the challenging defendants in this design patent dispute involving wireless earphone headbands. Defendants did not sufficiently prove that their alleged prior art was, in fact, prior art to plaintiff’s design patent.

Design Patent 52

Design Patent Designs Design Art 52

LexBlog IP

MARCH 3, 2023

In its complaint, Skull Shaver claimed that Ideavillage’s leg shaver infringed its design patent on a head shaver. The patent-in-suit is U.S. D693,060 (“the D’060 patent”) for an electric head shaver, and the accused product is a Flawless Legs Shaver, which is itself covered by U.S.

Designs 52

Designs Design Design Patent Art 52

LexBlog IP

JUNE 6, 2022

Judge Dow converted the previously entered Temporary Restraining Order (TRO) into a Preliminary Injunction (PI) against the challenging defendants in this design patent dispute involving wireless earphone headbands.

Design Patent 52

Design Patent Designs Design Art 52

Patent Trademark Blog

MAY 11, 2022

You can then record your registered trademark with US Customs to block the import of infringing goods bearing similar marks. File design patents to protect the appearance of the product. But, what if you don’t own any patents and it’s too late to file a patent application ?

Design Patent 52

Design Patent Designs Design Registration 52

Patent Trademark Blog

FEBRUARY 9, 2022

A patent prosecutor is essentially a patent application attorney who files utility and design patent applications with the USPTO. Are patent litigators required to be registered to practice before the USPTO? Patent litigators are not necessarily registered patent attorneys.

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

Patent Trademark Blog

JUNE 20, 2023

Before asking about price, you need to understand what you are getting in a utility patent application. Figure out the benefit of a utility patent application to be drafted by a particular patent attorney before asking about price. Many laypersons may not realize that their granted patents are too narrow.

Patent Application 52

Patent Application Patent Art Designs 52

LexBlog IP

APRIL 14, 2022

The USPTO may issue a patent to whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, subject to certain conditions and requirements. The claims of a patent application are the protectable aspects of the invention once a patent registration issues.

Invention 40

Invention Patent Patent Application Art 40

Patent Trademark Blog

MAY 31, 2023

Patents are typically more complicated, and utility patent claims will require more sophistication than design patent infringement assertions. Invalidity means that their alleged IP rights are not valid, regardless of whether or not you infringe.

Cease and Desist 52

Cease and Desist IP Trademark Registration 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

IIPRD

OCTOBER 17, 2022

the plaintiff opened an art gallery in the virtual game world with the assistance of Second life, called “SLART” and obtained a trademark registration. At some time the plaintiff realized that the avatar is Second Life was using SLART for his art gallery. Patent Infringement. Conclusion and Suggestions.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Patently-O

DECEMBER 6, 2023

Gary Shaked (Dafni) holds several patents on hair straightening brushes, and the business took off as a video of the time-saving tool went viral. Dafni sued Ontel and others for patent infringement based upon several utility and design patents. Dafni responded with an IPR of one of the patents.

Invention 67

Invention Litigation Patent Design Patent 67

The IP Law Blog

JANUARY 18, 2024

The second inventor may even seek patent protection, and the original creator will not be able to claim its creation as prior art because they kept it secret. While this statute provides a defense to patent infringement under certain circumstances, it is not necessarily a complete defense for the original trade secret owner.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Patently-O

OCTOBER 30, 2022

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. It is clear, from reading the decision, that the design patent infringement claims lacked merit.

Design Patent 98

Design Patent Designs Design Art 98

LexBlog IP

JANUARY 18, 2024

The second inventor may even seek patent protection, and the original creator will not be able to claim its creation as prior art because they kept it secret. While this statute provides a defense to patent infringement under certain circumstances, it is not necessarily a complete defense for the original trade secret owner.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

The IP Law Blog

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

Art 98

Art Inventor Patent Infringement Patent 98

LexBlog IP

APRIL 14, 2022

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

Art 52

Art Inventor Patent Designs 52

Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

Design Patent 52

Design Patent Patent Cease and Desist Designs 52

Patently-O

MARCH 13, 2022

Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Sherkow: Preprint Servers and Patent Prior Art (Source: SSRN).

Patent Prosecution 67

Patent Prosecution Intellectual Property Patent Journalism 67

Patent Trademark Blog

DECEMBER 19, 2023

Here’s a helpful article on the differences between design patents and utility patents. In certain cases, a product may require both utility and design patent protection. Timing is critical: When is it too late to apply for patents? Design patents protect the ornamental appearance of such products.

Business 52

Business Patent Design Patent Designs 52

Patent Trademark Blog

JANUARY 4, 2022

What are the ways to defend an Amazon neutral patent evaluation? Amazon’s neutral patent evaluation technically offers three ways to defend a utility patent infringement claim. One way is to show a prior decision by a court or the US International Trade Commission (ITC) that the asserted patent claim is invalid.

Patent 40

Patent Designs Design Patent Application 40