The IPKat

FEBRUARY 26, 2023

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). Background Design owner, Lenz, sells products known as “ heated socks ”. In 2012, Lenz registered the Community design, shown to the right.

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Intellectual Property Law Blog

JANUARY 11, 2023

Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2

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SpicyIP

AUGUST 29, 2022

We’re pleased to inform you that LexisNexis is conducting a workshop on ‘Biosimilar IP Landscaping & 351(k) Litigation’ on 2nd September, 2022. Join LexisNexis Live Workshop: Biosimilar IP Landscaping & 351(k) Litigation. Assessment of design around opportunities. Identify in-licensing patent assets.

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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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The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

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Patently-O

OCTOBER 18, 2022

It also asks whether there should be a separate bar for design patent practitioners. Things could get really interesting (in a good way) if folks trained in design (rather than engineering) start participating at the USPTO level.

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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. That trend has continued in 2022.

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Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

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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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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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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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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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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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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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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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The IPKat

SEPTEMBER 15, 2022

One panel session she was unable to get to was on the Ethics in Funding IP Litigation moderated by Gustavo de Freitas Morais ( Managing Partner at Dannemann Siemsen ). Over to Emily : "The panel started by introducing the different structures for financing litigation. The panel examined the funding business model.

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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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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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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.

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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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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 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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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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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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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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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. That trend has continued in 2022.

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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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IP Close Up

FEBRUARY 22, 2023

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

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Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

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Technology & Marketing Law Blog

MARCH 18, 2022

It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. Remember that point when we consider the litigation costs of the Georgia Supreme Court’s ruling. Note: the complaint was filed in April 2016. What the Court Said.

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IP Law 360

MAY 31, 2023

A California federal judge on Wednesday dismissed litigation from Patagonia accusing The Gap of infringing on the trademark and trade dress for its Snap-T pullover fleece design after the companies told the court they'd reached a settlement resolving all claims.

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The IPKat

JULY 14, 2022

The always-busy Katfriends at the Academy of European Law (ERA) in Trier have thus informed The IPKat that they are launching – in collaboration with Maastricht University – a new European Patent Litigation Certificate (EPLC) , which will run in person (in Trier) and online between September 2022 and July 2023.

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More Than Your Mark

AUGUST 13, 2021

If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Each has a fixed number of years of exclusionary rights (meaning someone cannot do what the Utility Patent claims and someone cannot make something look like what is in the Design Patent for a fixed number of years).

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Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.

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Patently-O

JUNE 7, 2023

states, including Texas, is no stranger to litigation in the Lone Star state. . § 1404(a), which allows for the transfer of cases for the convenience of the parties and in the interest of justice. Microsoft, a multinational corporation with a significant presence in many U.S.

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IP Watchdog

JUNE 30, 2022

The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse.

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IP Close Up

AUGUST 15, 2023

Excluding volume patent litigation filers, typically non-practicing entities (NPEs) Continue reading From 2013 to 2017 patent suits filed dropped by 35% and stayed that way through 2022.

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