JD Supra Law

OCTOBER 5, 2023

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an infringement analysis―to the same article of manufacture claimed by the patented design. By: Morgan Lewis

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JD Supra Law

MARCH 4, 2024

This Patent Law case involves a patent infringement lawsuit brought by Fa-Hsing Lu against Hyper Bicycles, Inc. regarding two design patents Lu holds for the ornamental design of a bicycle. By: Whitcomb Selinsky, PC

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Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

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JD Supra Law

DECEMBER 19, 2023

By: Linda Liu & Partners

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Patently-O

JUNE 20, 2022

Companies associated with William Grecia have filed over a dozen cases alleging infringement of design patents for “animated graphical user interfaces.” The patent asserted in that case, U.S. D930,702 , was issued in 2021 and claims a “design for a display screen portion with animated graphical user interface.”

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Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

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JD Supra Law

MAY 9, 2024

collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co. collectively, “GM”). By: Irwin IP LLP

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JD Supra Law

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. By: Quarles & Brady LLP

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IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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JD Supra Law

DECEMBER 20, 2023

By: Linda Liu & Partners

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Indiana Intellectual Property Law

DECEMBER 8, 2023

They are alleging patent infringement concerning U.S. The complaint states that the Plaintiff (OP) has designed and patented an innovative orthopedic plate system explicitly made for pediatric patients. . (“WishBone”). 8,777,998 , titled “Pediatric Long Bone Support or Fixation Plate.”

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JD Supra Law

FEBRUARY 16, 2022

manufacturer of the Hydrow Rower, brought a design patent infringement and trade dress infringement action against iFit Health & Fitness (formerly Icon Health & Fitness) in the District of Delaware. On February 14, 2022, Hydrow, Inc., By: Harness IP

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Swisa, Inc. , 3d 665 (Fed.

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Patent Trademark Blog

MARCH 22, 2022

How can an Amazon seller benefit from design patents? Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon. If you are an Amazon seller, design patents must be considered – either offensively or defensively.

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Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

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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. In the initial case, Columbia Sportswear North America, Inc. (“Columbia”) sued Seirus Innovative Accessories, Inc. (“Seirus”) for infringing U.S. Design Patent No.

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JD Supra Law

SEPTEMBER 28, 2023

Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art, the prior-art design must be applied to the article of manufacture identified in the claim.”

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43(B)log

OCTOBER 31, 2022

27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. This requires that infringement claims be objectively baseless.

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

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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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The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

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IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

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Intellectual Property Law Blog

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. gloves) have a wavy pattern with the “Seirus” logo throughout the design. These products (e.g.,

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IAM Magazine

JANUARY 12, 2022

A fresh case reaffirms that the general principles employed in design patent infringement assessment also apply to GUI designs.

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IAM Magazine

JANUARY 12, 2022

A fresh case reaffirms that the general principles employed in design patent infringement assessment also apply to GUI designs.

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Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA SE , based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. 1125 and Trademark Infringement under Indiana Common Law.

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JD Supra Law

DECEMBER 12, 2023

Judgment Gist - Customary design is a prior design that is well known by the general consumers and can be recalled by the general consumers upon merely mentioning of the product name. By: Linda Liu & Partners

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

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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.

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JD Supra Law

MARCH 9, 2023

granted a motion by defendants LifeCore Fitness (“LifeCore”) and Assault Fitness (“Assault”) to dismiss state law claims as pre-empted or time-barred in a patent infringement case involving treadmill designs. On January 17, 2023, Judge Nelson Romàn (S.D.N.Y) See Speedfit LLC v. LifeCore Fitness Inc., 22-CV-3140 (S.D.N.Y.

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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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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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JD Supra Law

APRIL 6, 2023

The FAC alleged, inter alia, patent infringement of both utility and design patents by promotional vehicles supplied by Aardvark Event Logistics, Inc. On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. and Samsung Electronics America, Inc.’s

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