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.

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IPilogue

DECEMBER 20, 2022

Rovi’s revenue model is to license a portfolio for a rate without consideration for the number of patents. Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete. Whether Rovi practiced the invention of the patent in Canada. Rovi’s conduct. Videotron’s Conduct.

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Litigation Invention Inventor Licensing 119

Patently-O

JUNE 7, 2023

2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). states, including Texas, is no stranger to litigation in the Lone Star state.

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Litigation Privacy Patent Infringement Patent 113

IP Watchdog

MARCH 19, 2024

Last week, the Judicial Conference of the United States issued guidance on recently announced changes to case assignment policies designed to prevent gamesmanship in litigation filed in U.S. district court.

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Law Patent Infringement Litigation Designs 62

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

Indiana Intellectual Property Law

MARCH 8, 2023

for patent infringement. One of its most successful products is the “Pocket Hose,” an expandable garden hose that is designed to be lightweight, durable, and easy to use. According to the complaint, Vieneci Garden’s hoses are virtually identical to Telebrands’ Pocket hose in terms of the design, functionality, and performance.

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Patent Infringement Patent Television Designs 40

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. We will keep monitoring and reporting.

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Designs Design Intellectual Property Design Patent 62

Patently-O

NOVEMBER 21, 2022

Litigation ensued. The company had waited too long to file for patent protection and so it turned to trademark. And, because the complaint includes patent infringement claims, the appeal was directed to the Federal Circuit. Sunset sells a generic version of the same filter.

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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. Are patent litigators required to be registered to practice before the USPTO?

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Patent Application Litigation Patent Prosecution Patent 52

Indiana Intellectual Property Law

AUGUST 25, 2021

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”). The case was assigned to Judge Damon R. Gotsch, Sr. 3:21-cv-00501-DRL-MGG.

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Patent Infringement Patent Design Patent Technology 52

LexBlog IP

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.

Designs 52

Designs Design Intellectual Property Design Patent 52

Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent. 35 U.S.C. §

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Patent Infringement Design Patent Patent Designs 52

IP Tech Blog

JUNE 6, 2021

A recent order from a patent infringement lawsuit in the Northern District of Illinois serves as a good reminder that factual information about attempts to design around a patent are generally discoverable. Background – The Discovery Dispute and Design Around Attempts. BGI Genomics Co. , LEXIS 224965 (N.D.

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Designs Design Patent Patent Infringement 52

IP Tech Blog

AUGUST 31, 2023

The amendments are designed to require that parties address and agree on discovery issues regarding privilege and work product protections at the Rule 26(f) Conference. These changes will be particularly impactful for patent infringement and trademark matters, given the privilege and work product issues that such matters typically involve.

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Patent Infringement Litigation Trademark Designs 62

Indiana Intellectual Property Law

OCTOBER 20, 2023

for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom. According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. Continue reading

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LexBlog IP

MARCH 6, 2023

1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. The Court found the patented design was for a product traditionally used with tobacco even though it could be used with cannabis. 23, 2022). [1] Lifted Ltd.,

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Litigation Patent Design Patent Patent Application 52

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

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Patent Litigation Patent Infringement Invention 98

LexBlog IP

SEPTEMBER 28, 2021

As we previously reported , AbbVie Inc. (“AbbVie”) brought an action on April 27, 2021, in the Northern District of Illinois for patent infringement against Alvotech hf. Patent Nos. 6,805,686; 8,926,975; 8,961,973; 8,999,337; 9,067,992; 9,085,619; 9,187,559; 9,512,216; 11,083,792; and the patent issuing from U.S.

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Litigation Reporting Patent Application Patent Infringement 40

LexBlog IP

AUGUST 31, 2023

The amendments are designed to require that parties address and agree on discovery issues regarding privilege and work product protections at the Rule 26(f) Conference. These changes will be particularly impactful for patent infringement and trademark matters, given the privilege and work product issues that such matters typically involve.

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Patent Infringement Litigation Designs Design 52

IP Watchdog

JANUARY 23, 2023

Court of Appeals for the Federal Circuit (CAFC) today denied General Motors’ petition for a writ of mandamus seeking to compel Judge Alan Albright to transfer a patent infringement case brought against GM by Intellectual Ventures (IV) to the U.S. District Court for the Eastern District of Michigan.

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Patent Infringement Designs Design Technology 122

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). Ridge Wallet LLC , — F.4th 4th — (Fed.

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LexBlog IP

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

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Patent Litigation Patent Infringement Invention 52

The IP Law Blog

MAY 7, 2021

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

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Litigation Patent Infringement Patent Government 94

Patently-O

SEPTEMBER 26, 2023

The defendant, Nature’s Way, then moved to file its claim construction brief under seal because it referred to documents designated “confidential” by the plaintiff, Woodstream. ” See In re Nat’l Prescription Opiate Litig. , 3d 919, 938-39 (6th Cir.

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Confidentiality Patent Business Patent Infringement 112

Technology & Marketing Law Blog

OCTOBER 28, 2023

The manufacturer patented the drug but keeps the “data, specifications, and methods for manufacturing the drug confidential.” ” A generic manufacturer sought FDA approval, and the Yondelis manufacturer sued them for patent infringement. The parties are already in litigation.

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Litigation Blogging Confidentiality Patent 78

Patently-O

JANUARY 23, 2024

The Schedule A litigation phenomenon continues apace in the Northern District of Illinois, a court that has become, in the words of Judge Seeger, “ an assembly line for TROs.” But Schedule A litigation is not confined to Chicago. They did not ignore demand letters or refuse to negotiate or discuss alleged infringement.”

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Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patently-O

MAY 5, 2022

ACUS is conducting a study on behalf of the USPTO to examine “issues associated with and options for designing a small claims patent court.” ” It recently published a request for public comments on the idea of a small claims patent court. patent litigation deters small- and medium-sized enterprises, including.

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Patently-O

DECEMBER 30, 2021

Olaf Sööt Design’s pending petition for certiorari centers on the age-old division between issues-of-fact and issues-of-law. Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. by Dennis Crouch. Daktronics, Inc., 21-438 ( Petition ).

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Law Patent Patent Law Litigation 56

Patently-O

AUGUST 1, 2023

by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. This result is by design to ensure more national uniformity in application of the U.S. patent laws. SAP responded with denials and also added patent infringement counterclaims.

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Patent Patent Infringement Patent Law Litigation 52

43(B)log

OCTOBER 29, 2021

Does false designation of origin require injury as an element of the cause of action? And “[a]n award of disgorged profits based upon false advertising or false designation of origin is appropriate only upon a showing that the defendant’s violation was willful.” Was this issue actually litigated, though? “[A]

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IP Watchdog

JUNE 28, 2022

Leader Accessories LLC reversing a contempt finding entered in the Western District of Wisconsin over alleged violations of a protective order from a design patent infringement case between Static and Leader. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Static Media LLC v.

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Confidentiality Design Patent Patent Infringement Designs 57

Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. Finally, there are several inexpensive alternatives to trademark litigation. How to enforce patents affordably: Cheaper alternatives to patent litigation. Does cheap IP enforcement exist?

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

IP Watchdog

FEBRUARY 10, 2022

District Court for the District of Pennsylvania’s summary judgment that a medical device design patent was not invalid under the on-sale bar. The district court found the patent was infringed and awarded damages in the amount of $1,247,910. Court of Appeals for the Federal Circuit (CAFC) today reversed the U.S.

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IP Watchdog

OCTOBER 29, 2022

District Court for the Northern District of Illinois against hoverboard products alleged to infringe four design patents due to “substantive defects” in the court’s reasoning for granting the injunctions. Court of Appeals for the Federal Circuit (CAFC) vacated two separate preliminary injunction orders granted by the U.S.

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Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Are you looking at a design patent or utility patent?

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LexBlog IP

MARCH 17, 2022

Although there is no legal requirement for a company to obtain an FTO opinion before taking a new product, process, or service to market, obtaining one can be very beneficial as a preemptive measure to aid in defending a company in patent litigation against assertions of willful infringement and exposure to treble damages.

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