The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.

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Litigation Patent Confidentiality Settlement 98

LexBlog IP

JULY 22, 2022

Chinese Patent Litigation: Leveraging Specialized IP Courts. Selecting a jurisdiction for Patent Litigation in China. That means if a company designs an infringing product in city A but manufactures in city B, then patent infringement would occur in cities A and B.

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Litigation IP Patent Patent Infringement 52

The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. The European Patent Litigation Certificate (EPLC) is designed specifically for European patent attorneys in light of the particular needs of the profession.

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Intellectual Property Law Intellectual Property IP Litigation 62

IP Law 360

NOVEMBER 30, 2023

A Chicago auto parts company shot back at arguments from major players in the automotive industry over how design patents should be litigated in the courts, teeing up its argument early next year in front of the full Federal Circuit that "designers do solve problems."

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Designs Design Design Patent Litigation 74

JD Supra Law

FEBRUARY 21, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

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Design Patent Designs Design Patent 52

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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Design Patent Designs Design Patent 57

IP Watchdog

MARCH 17, 2022

Intel and Xilinx combined to cancel a number of litigation-funded chip patents from Arbor Global Strategies and FG SRC LLC [the latter funded by Freeman Capital Partners]; a number of Fortress-funded subsidiaries were challenged; another 29 IP Edge subsidiary suits; some interesting pharmaceutical action; and companies WebRoot and OpenText, inc.

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Litigation Design Patent Patent Designs 104

IP Close Up

FEBRUARY 22, 2023

Once an afterthought for IP rights filers, U.S. design patents are now being taken more seriously. Several businesses that are based outside of the U.S. increased Continue reading

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Design Patent Designs Design Business 89

IP Watchdog

DECEMBER 27, 2023

The most significant development in IP in Europe in 2023—indeed arguably the most significant in nearly 30 years—was the launch of the Unitary Patent and Unified Patent Court on June 1. important developments in Europe affecting all the main IP rights. The full implications of this are explored here.

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IP Inventor Designs Design 57

JD Supra Law

FEBRUARY 22, 2023

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MARCH 2, 2022

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone.

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Design Patent Designs Design Patent 59

JD Supra Law

MARCH 3, 2022

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone.

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Design Patent Designs Design Patent 52

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. The latest briefs generally urged the en banc U.S. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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Design Patent Designs Design Patent 57

IP Watchdog

FEBRUARY 5, 2024

government and GM Global Technology Operations in a case that could change the test for assessing design patent obviousness. The so-called Rosen-Durling test for design patent obviousness requires that, first, under In re Rosen (C.C.P.A., Next, under Durling v. Spectrum Furniture Co., 3d 100, 103 (Fed.

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Design Patent Designs Design Patent 62

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. 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 design patent cases.

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Design Patent Designs Design Patent 52

IPilogue

DECEMBER 20, 2022

Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete. The deciding factors for awarding an ‘accounting for profits’ are as follows: Whether there has been undue delay in commencing or prosecuting the litigation. Videotron did not renew its license which expired in 2016.

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Litigation Invention Inventor Licensing 119

IP Law 360

OCTOBER 20, 2021

Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

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Design Patent Designs Design Litigation 40

IP Watchdog

JUNE 30, 2023

GM Global Technology Operations, which 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. Patent D855,508 covers a “vehicle front skid bar.”

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Design Patent Designs Design Patent 117

The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

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IP Marketing Marketing Reporting 70

IP Watchdog

JUNE 23, 2022

Design Patent No. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S.

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Design Patent Designs Design Patent 120

The IPKat

SEPTEMBER 21, 2022

While many Congress attendees from around the world lined up for the Unified Patent Court boot camp and mock trial panels, this Katfriend opted to sample the day’s selection of soft IP offerings. a of the Design Directive. a of the Design Directive. Would You Like Some IP With Your Wine? Quentin Tarantino et al.

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IP Reporting Designs Design 76

IPilogue

JANUARY 18, 2023

Mac Mok is an IP Innovation Clinic Senior Fellow and a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s IP Intensive Program. This semester, I participated in Osgoode’s Intellectual Property (IP) Law and Technology Intensive program (IP Intensive). Students also meet biweekly to discuss current IP issues.

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IP Intellectual Property Government Technology 119

IP Watchdog

FEBRUARY 19, 2024

Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Listening to the argument, it became instantly clear that the designer’s voice was missing from the arguments of both parties. On February 5, 2024, the U.S.

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Designs Design Design Patent Patent 57

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. The design must be a design for a specific article; it cannot exist independently of the article. 35 USC section 171.

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Design Patent Designs Design Patent 52

IP Tech Blog

APRIL 25, 2023

Every year, on April 26, intellectual property organizations around the world observe “ World IP Day ” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs.

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LexBlog IP

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? ” The second standing order applies when third-party persons or entities are “funding [] some or all of the party’s attorney fees and/or expenses to litigate [the] action.

Litigation 52

Litigation Patent Confidentiality Settlement 52

Kashishipr

APRIL 13, 2022

The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto social media handles. IP Challenges in the Metaverse. A Comprehensive Approach to IPRs.

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Intellectual Property IP Non-Fungible Tokens Branding 116

LexBlog IP

MAY 24, 2023

Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16 th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters. Design filings in FY 2021 up 17.6%

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Designs Design Design Patent Litigation 40

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. The design must be a design for a specific article; it cannot exist independently of the article.

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

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Law IP Intellectual Property Intellectual Property Law 52

IP Watchdog

JANUARY 4, 2023

The United States Patent and Trademark Office (USPTO) stayed active over the holiday period with several big announcements, and today Director Kathi Vidal continued that trend by designating as precedential the December 21 decision in Apple v. Zipit Wireless.

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Designs Design Business Government 115

LexBlog IP

JANUARY 5, 2024

Three utility patents and five design patents alleged to be infringed by SB15 packaging and syringe cap: U.S. Design Patent Nos. Stay tuned to Big Molecule Watch for more updates on this litigation. The post Updates on Aflibercept BPCIA Litigation appeared first on Big Molecule Watch. Patent Nos. Patent Nos. Patent Nos.

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Litigation Design Patent Designs Design 52

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

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Designs Design Copyright Design Patent 57

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. A patent prosecutor is essentially a patent application attorney who files utility and design patent applications with the USPTO.

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Patent Application Litigation Patent Prosecution Patent 52

IP Tech Blog

FEBRUARY 10, 2022

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. Other cities and provinces started similar provisions in the summer of 2021.

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Designs Design Intellectual Property Design Patent 62

Patently-O

NOVEMBER 21, 2022

Litigation ensued. I read looked through the USPTO file jacket and was unable to see any evidence presented of secondary meaning except for a self-serving statement from SoClean’s VP of IP that the product was distinctive and had been used for at least five years in a manner that was “substantially exclusive and continuous.”

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IP Law 360

JANUARY 26, 2023

The Federal Circuit has refused to discard rules that set a high bar for invalidating design patents, but attorneys say the issue is likely to spur further litigation that could upend the law in addition to creating a new obstacle for design patents challengers.

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Design Patent Designs Design Patent 45