Art Patent Application Patent Infringement Patent Law 
Patently-O
MAY 15, 2024
Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Lexmark argued that these restrictions should be enforceable through patent law, similar to the reasoning in A.B. ” quoting Motion Picture Patents.
Patently-O
DECEMBER 20, 2022
In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Is it Prior Art? Ridge Wallet LLC , — F.4th
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IP Intelligence
OCTOBER 12, 2021
Specifically, if an ordinary observer would find the accused product to be “substantially the same” as the claimed design, there is infringement. [4]. On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. The In re Surgisil opinion squarely rejects this 60-year-old rule.
The IP Law Blog
MAY 11, 2023
Pure Hemp also alleged the district court erred in not awarding attorney fees because of alleged inequitable conduct by the patent applicant. The patent prosecutor argued the copied portions consisted of background information, making the prior art not material to the applications.
Patently-O
APRIL 8, 2024
By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).
SpicyIP
MARCH 21, 2024
Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. From a policy perspective, pre-grant oppositions are excellent policy.
The IP Law Blog
JUNE 9, 2022
If, however, the article has an ornamental design but is also functional, it may be the subject of both a design patent and a utility patent. In order to obtain a design patent, the applicant must file a patent application. First, the design must be novel (not identical to any design in the prior art).
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