Posts Tagged: design patent


District court must consider whether functional elements contributed to ornamentation of design

The Court held that the district court must review the design disclosed in the patent as a whole, and consider whether functional elements contributed to the ornamentation …

Supremes take Samsung v. Apple design patents damages case

On Monday, March 21, 2016, the United States Supreme Court accepted certiorari in Samsung Electronics v. Apple, Inc., which relates to how much Samsung owes for infringing Apple design …
By Gene Quinn 1 month ago 7

Forum non conveniens not appropriate because foreign courts cannot adjudicate US infringement

Halo sued Comptoir for infringing a large number of U.S. design patents, copyrights, and one common-law trademark relating to a number of Halo’s furniture designs. …

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn 2 months ago 2

Will the Supreme Court Save Apple from Itself?

The victory, if it stands, will encourage more design patent infringement claims, and Apple will likely find itself defending against similar suits in the not so distant …
By Joshua Wolson 3 months ago 4

Hoverboard raid at CES the result of effective patent enforcement

Future Motion launched a successful Kickstarter campaign to fund the earliest prototypes of the OneWheel on January 6th, 2014. Within 24 hours, the project had already collected 40 percent of …
By Steve Brachmann 3 months ago 25

CES Seizure order against alleged patent infringers issued by the Las Vegas federal district court

While we tend to think of Las Vegas’ tourism-based economy as built on gambling, trade shows also bring hundreds of thousands of visitors to the city each …

2015 IPO Report Shows Continued Growth for Design Patents

This years' list of the top 50 companies having been granted design patents was dominated by technology, automotive, and consumer product companies, with foreign corporations representing more than 40% …
By Tracy-Gene Durkin 6 months ago 1

CAFC: Reasonable royalty in design infringement only if greater than infringer’s total profits

Damages for infringement of a design patent can be recovered for the greater of: (1) total profits from the infringer’s sales under 35 U.S.C. § 289, (2) damages in …

The Saga Continues: Apple v. Samsung, Next Stop Supreme Court

Apple v. Samsung is not over. Samsung has stated it is going to file a petition for certiorari later this year with the Supreme Court. In its …
By Derek F. Dahlgren 7 months ago 1

World Intellectual Property Indicators 2014: Design Patent Highlights

In 2013, 647,300 industrial design registrations were filed – a 6.4% drop from 2012. The decline in global registrations stems primarily from the slow-down of Chinese manufacturing, which produced 12% fewer registrations than …
By Tracy-Gene Durkin 8 months ago 0

Apple Design Patent Rejected in Reexamination by USPTO

Earlier this month the Central Reexamination Unit of the United States Patent and Trademark Office (USPTO) issued a non-final rejection of an Apple design patent at the …
By Gene Quinn 9 months ago 6

Court Reverses Indefiniteness Under Nautilus; Design Patents for Surgical Shears are Valid

Ethicon sued Covidien in the Ohio district court for infringement of utility and design patents directed to ultrasonic surgical shear devices. The court granted Covidien’s motions …

Design Patents 101 – Protecting Appearance Not Function

Design patents are, in my opinion, an unfortunately overlooked patent. While a single design patent is a weak form of protection, they can be obtained quickly, rather …
By Gene Quinn 9 months ago 5

Patent Strategy: Building a patent portfolio with meaningful rights

Last week I wrote about adopting a patent strategy in order to lay the foundation for success. What the article did not touch upon, however, is how …
By Gene Quinn 12 months ago 1