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Court Prunes a Thicket of Claims and Counterclaims and Excludes Expert’s Design Patent Infringement Opinion 

JD Supra Law

and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. By: Irwin IP LLP

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Amazon Seller Patent Infringement ASIN Listings: Everything You Need to Know About APEX and Design Patents

Patent Trademark Blog

Amazon offers different options for resolving infringement depending upon the type of patent involved. Utility patent infringement is handled by an Amazon program called APEX which stands for Amazon Patent Evaluation Express. Owning both utility and design patents will provide the broadest scope of protection.

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

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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Federal Circuit Narrows “Comparison Prior Art” for Design Patent Infringement

JD Supra Law

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. Comparison prior art” includes references used to help highlight distinctions between a plaintiff’s claimed design and a defendant’s design that is accused of infringing.

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Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

JD Supra Law

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.

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Kohler Lets Design Patent Infringement Charges Flow in New Complaint

JD Supra Law

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. Sweethome d/b/a Sweethome247.com, com, Case No.

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Patent Poetry: Federal Circuit Rules on “Comparison Prior Art” in Design Patent Infringement

JD Supra Law

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design patent. By: AEON Law