Posts Tagged: design patent


IP Strategies for Digital Health Products and Services: What Can You Protect in a Data-Driven World?

Disruptive innovation, like what we are seeing in the health care industry, often causes disruption elsewhere, and the legal landscape is no exception. The life cycle of …
By Maia H. Harris
4 days ago 0

Apple May Ultimately Regret its Success in Apple v. Samsung

With over 205 billion in cash reserves at last count, Apple certainly doesn't "need" the full nine-figure damage award. And, unless Congress steps in and amends the damage …
By Ronald Abrams
11 days ago 28

World Intellectual Property Indicators 2015: Design Patent Highlights

The World Intellectual Property Organization (WIPO) has published its annual World Intellectual Property Indicators. The 2015 report dissects the macro trends associated with filing activity and registrations for 2014 …
By Tracy-Gene Durkin
2 months ago 0

The Differences Between Design Patents and Trade Dress

Design patents cover visual, nonfunctional characteristics embodied in, or applied to, an article of manufacture. They may relate to the configuration or shape of an article, the …
By Julie Hopkins
3 months ago 1

Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …
By Charlene Morrow & Sapna Mehta
3 months ago 0

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
5 months 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
6 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
7 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
7 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
9 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
11 months ago 1