http://www.ipwatchdog.com/2008/10/16/nike-sues-walmart-on-design-patents/id=217/ Patents, Software Patents, Patent Applications & Patent Law Thu, 09 Feb 2012 01:33:50 +0000 hourly 1 http://www.ipwatchdog.com/2008/10/16/nike-sues-walmart-on-design-patents/id=217/#comment-15289 Marry Tue, 31 Aug 2010 08:40:59 +0000 http://www.ipwatchdog.com/?p=217#comment-15289 it does clearly seem to make it easier to demonstrate that there has been an infringement of a design patent. it does clearly seem to make it easier to demonstrate that there has been an infringement of a design patent.

]]> http://www.ipwatchdog.com/2008/10/16/nike-sues-walmart-on-design-patents/id=217/#comment-4104 Walmart Fri, 22 May 2009 17:19:19 +0000 http://www.ipwatchdog.com/?p=217#comment-4104 There is a simple way for Walmart to resolve this. Buy Nike. There is a simple way for Walmart to resolve this. Buy Nike.

]]> http://www.ipwatchdog.com/2008/10/16/nike-sues-walmart-on-design-patents/id=217/#comment-168 markmalek Fri, 17 Oct 2008 13:24:04 +0000 http://www.ipwatchdog.com/?p=217#comment-168 Unfortunately, this case only addresses the litigation aspect of design patents. I suspect that the PTO will take a lead from this case and issue more obviousness rejections based on a new test wherein the design is not patentable should the examiner find that an ordinary observer could see the device as a copy or colorable imitation of prior art. What does "colorable imitation" mean and how will that be tested? We'll see. Unfortunately, this case only addresses the litigation aspect of design patents. I suspect that the PTO will take a lead from this case and issue more obviousness rejections based on a new test wherein the design is not patentable should the examiner find that an ordinary observer could see the device as a copy or colorable imitation of prior art. What does “colorable imitation” mean and how will that be tested? We’ll see.

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