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. On the other hand, a party may utilize intellectual property as part of an offensive business strategy.

Intellectual Property 112

Intellectual Property Patent Infringement Patent Design Patent 112

Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Does the accused product have to include the point of novelty in order to infringe? Is that all there is to design patent infringement?

Design Patent 52

Design Patent Patent Infringement Designs Design 52

IP Watchdog

MARCH 15, 2024

Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case. This week in Other Barks & Bites: the U.S.

Non-Fungible Tokens 52

Non-Fungible Tokens Patent Infringement Trademark Patent 52

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.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

JD Supra Law

JULY 7, 2023

That is, punitive damages may be applied to intentional infringement and serious patent infringement. That is, punitive damages may be applied to intentional infringement and serious patent infringement. By: Linda Liu & Partners

Patent Infringement 52

Patent Infringement Intellectual Property Patent Trademark Law 52

Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

IP Watchdog

NOVEMBER 30, 2022

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).

Patent Infringement 52

Patent Infringement Patent Inventor Litigation 52

Patent Trademark Blog

DECEMBER 11, 2023

How is a patent attorney different than Amazon seller attorneys? Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Is a patent attorney specially licensed?

Patent 52

Patent Patent Infringement Licensing Litigation 52

IP Watchdog

APRIL 7, 2023

This week in Other Barks & Bites, the United States Court of Appeals for the Federal Circuit (CAFC) rules against Apple in a trademark dispute; Arbutus and Genevant Sciences file a patent infringement lawsuit against Pfizer related to the COVID-19 vaccine; and Sweetgreen promptly changes the name of a menu item after Chipotle files a trademark (..)

Patent Infringement 57

Patent Infringement Trademark Patent Technology 57

CoCal IP Law Institute

MARCH 14, 2023

Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest (..)

Copyright Infringement 59

Copyright Infringement Trademark Copyright Patent 59

Indiana Intellectual Property Law

SEPTEMBER 6, 2022

The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020. Therefore, Plaintiff is seeking damages for Patent Infringement in violation of 35 U.S.

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

IP Watchdog

FEBRUARY 2, 2024

Patent and Trademark Office (USPTO) report finds pro bono legal services have amounted to $39.3 Court of Appeals for the Federal Circuit (CAFC) rules in favor of Walmart, Google, and Amazon in a computing patent infringement case. This week in Other Barks & Bites: a U.S.

Inventor 62

Inventor Patent Infringement Reporting Business 62

Patent Trademark Blog

NOVEMBER 5, 2021

Does Amazon allow patent owners to file a claim for utility patent infringement against sellers? Yes, Amazon offers its own patent court for sellers to resolve utility patent infringement claims. Neutral Patent Evaluation is the name of the process to resolve Amazon utility patent infringement claims.

Patent Infringement 40

Patent Infringement Patent Litigation IP 40

IP Watchdog

JUNE 9, 2023

Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. This week in Other Barks & Bites: The U.S.

Patent Infringement 75

Patent Infringement Patent Trademark Copyright 75

IP Watchdog

OCTOBER 12, 2022

The Pride in Patent Ownership Act, S.2774, Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. Patent and Trademark Office (USPTO) within 120 days.

Ownership 130

Ownership Patent Patent Infringement Trademark 130

Larson & Larson

JULY 13, 2023

Patents and trademarks are two forms of intellectual property protection, but they serve different purposes. Here’s an overview of how patent protection and trademark protection differ: What is a Patent? Patents protect functional products and processes. What is a Trademark?

Trademark 40

Trademark Patent Invention Intellectual Property 40

IP Watchdog

APRIL 17, 2023

Code; and the United States Patent and Trademark Office (USPTO) is hosting regional events in Central Virginia and Silicon Valley to promote resources available to prospective innovators and entrepreneurs. Elsewhere, the Council for Innovation Promotion (C4IP) is holding a webinar on proper use of Section 1498(a) of the U.S.

Government 107

Government IP Patent Infringement Patent 107

IP Watchdog

JUNE 2, 2024

Court of Appeals for the Federal Circuit held that a prevailing defendant in an otherwise “exceptional” patent infringement case could not recover attorney fees expended in a parallel inter partes review (IPR) proceeding because the defendant’s initiation of the IPR was “voluntary.”

Intellectual Property 103

Intellectual Property Patent Infringement Trademark Patent 103

SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

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.

Design Patent 52

Design Patent Designs Design Patent Application 52

LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Lite-Netics owns multiple patents on magnetic holiday string lights. Patent Nos.

Patent Infringement 52

Patent Infringement Patent Litigation Intellectual Property Law 52

Patent Trademark Blog

FEBRUARY 15, 2024

What is utility patent infringement? When it comes to utility patents, what modifications would help your products avoid infringement? Let’s delve into how to win the noninfringement argument for utility patents. For design patents, see my post on design patent infringement.

Patent 52

Patent Patent Infringement Design Patent Designs 52

IP Watchdog

JUNE 9, 2023

Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. This week in Other Barks & Bites: The U.S.

Patent Infringement 52

Patent Infringement Patent Trademark Copyright 52

IP Watchdog

JUNE 9, 2023

Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. This week in Other Barks & Bites: The U.S.

Patent Infringement 52

Patent Infringement Patent Trademark Copyright 52

IP Watchdog

JUNE 9, 2023

Patent and Trademark Office (USPTO) announces its five-year strategic plan; the U.S. This week in Other Barks & Bites: The U.S.

Patent Infringement 52

Patent Infringement Patent Trademark Copyright 52

Patent Trademark Blog

FEBRUARY 8, 2024

Ever wonder why certain sales of authentic goods would not constitute trademark infringement ? When is it not OK to sell real trademarked goods? Need to resolve a trademark issue? First Sale Doctrine: Can you resell copyrighted or trademarked goods? What are examples of trademark material difference?

Trademark 52

Trademark Blogging IP Patent 52

IP Watchdog

JULY 29, 2021

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.

Intellectual Property 144

Intellectual Property Patent Invention Patent Infringement 144

Indiana Intellectual Property Law

DECEMBER 23, 2022

The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. The Design Patents are for a variety of powder guns and spray equipment. First in Finishing, Inc.’s Registration No. Registration Date. OPTISELECT.

Trademark 52

Trademark False Advertising Patent Registration 52

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 15, 2022

Fish & Richardson secured a significant victory for Exela Pharma Sciences, LLC, the maker of ELCYS ® , in patent infringement litigation against Eton Pharmaceuticals, Inc., over its intent to produce a generic version of Exela’s patented ELCYS ® product. The court rejected each and every one of Eton’s challenges. “We

Patent Infringement 52

Patent Infringement Litigation Patent Art 52

IP Law 360

JUNE 3, 2024

million patent infringement verdict won against it by wireless speaker company Sonos have found support in the Federal Circuit from business trade groups, public interest nonprofits and a former U.S. Patent and Trademark Office official. Google's efforts to prevent the reinstatement of a $32.5

Patent Infringement 52

Patent Infringement Business Trademark Patent 52

JD Supra Law

AUGUST 30, 2021

For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. when a jury considered, among other things, whether a trademark's appearance and…. That changed on August 6, 2021, in Columbia Sportswear North America, Inc.

Design Patent 52

Design Patent Designs Design Trademark 52

IP Watchdog

AUGUST 25, 2023

This week in Other Barks & Bites: The U.S.

Patent Infringement 52

Patent Infringement Technology Patent Licensing 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

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.

Design Patent 52

Design Patent Designs Design Patent 52

Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? Trademark enforcement is not only for millionaires and big companies. Startups and small businesses can use cost-effective ways to stop or discourage trademark infringement. By employing smart tactics, you can increase trademark protection while spending less.

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

Patent Trademark Blog

JUNE 7, 2023

What makes the cost of patent litigation so high? What would you think if I told you that the average patent litigation cost exceeds well over $1 million ? To put it another way, how would you feel knowing that one million dollars might not get you halfway through a patent lawsuit? What factors make patent litigation so costly?

Litigation 52

Litigation Patent Patent Infringement Licensing 52

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.

Design Patent 57

Design Patent Designs Design Intellectual Property 57