Posts in Design Patents


Design Patent Owners Find Optimism in Columbia Sportswear Jury Verdict

The first design patent case to go to trial since Apple v. Samsung has given design patent owners hope that a 'total profit' award is still achievable... …
By Nika Aldrich
9 days ago 0

Apple is trying to muddy design patent law in order to get its way

The Apple-Samsung case has dragged on for about six years so far, with no end in sight. The first case, involving design patents, has had a trial, …
By Matt Levy
2 months ago 4

World Intellectual Property Indicators 2016: Design Patent Highlights

The World Intellectual Property Organization (WIPO) has published its annual World Intellectual Property Indicators. The 2016 report dissects the macro trends associated with filing activity and registrations for 2015 …
By Tracy-Gene Durkin
4 months ago 0

Infringer Profits in Design Patent Cases

In the calculation of design patent infringer profits, two key issues are the definition of the article of manufacture and the methodology for calculating total infringer profits... …
By Mark Pedigo
4 months ago 0

Intellectual Property Rights in UK Law

There are several different forms of intellectual property rights available in the United Kingdom, each with its own formality, level of protection, and duration period. It is …
By Gemma Trencher
9 months ago 2

Federal Circuit remands Apple v. Samsung design patent case to Judge Koh in Northern California

Apple requested that the Federal Circuit keep the case and the panel review the decision in light of the Supreme Court's ruling, while Samsung requested that the …
By Gene Quinn
10 months ago 7

Other Barks & Bites for Wednesday, February 8th, 2017

Kylie Minogue reports victory in a trademark opposition filed against Kylie Jenner, but the electronic records of the U.S. Patent and Trademark Office are cause for …
By Steve Brachmann
10 months ago 1

Other Barks & Bites for Wednesday, February 1st, 2017

This week, a patent battle between two American tech giants expands its scope to China, patents covering a well-known multiple sclerosis treatment were invalidated in U.S. …
By Steve Brachmann
10 months ago 1

Changed Standard for Design Patent Damages Means More Design Patents Necessary

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design …
By Matt Scyoc & Gene Quinn
10 months ago 0

The Year in Patents: The Top 10 Patent Stories from 2016

To come up with the list below I’ve reviewed all of our patent articles, and have come up with these top 10 patent stories for 2016. They appear …
By Gene Quinn
11 months ago 7

Supreme Court: Term ‘article of manufacture’ encompasses both a product sold to a consumer and a component of that product

The relatively short opinion by Supreme Court standards – just over eight pages – puts it simply: “The text resolves this case. The term ‘article of manufacture,’ as used …
By John M. Rogitz
12 months ago 2

Supreme Court overturns $400 million Apple verdict against Samsung in smartphone design patent infringement case

On Tuesday, December 6, 2016, the U.S. Supreme Court issued a decision in Samsung Electronics Co. v. Apple which found by a unanimous 8-0 vote that a damages …
By Gene Quinn & Steve Brachmann
12 months ago 14

A Patent Year in Review: Looking back on 2016, Forecasting for 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter on 2016 and to look ahead toward 2017. …
By Gene Quinn
12 months ago 1

Lex Machina releases data on design patent litigation showing strong correlation with trademark infringement actions

There has not been a single quarter in which more than 82 lawsuits involving allegations of infringing at least one design patent have been filed in U.S. …
By Steve Brachmann
1 year ago 0

Common sense by design: Form, function and the way forward as charted by the Supreme Court

The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on …
By Professor Daryl Lim
1 year ago 4