Posts Tagged: design patents


The Five Biggest Mistakes Toy Companies Make

While engaging in a manner most likely to lead to success is critical for any company, it is even more important for toy entrepreneurs for a variety …
By Andrew Rapacke
1 month ago 3

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
1 month ago 7

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
2 months ago 0

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
3 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
4 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
4 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
5 months 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
5 months ago 4

FREE WEBINAR: Samsung v. Apple: Is a single patent infringement worth all the profit?

On Thursday, October 20, 2016, from 2pm to 3pm ET, Gene Quinn will host a free webinar discussion that will explore the genesis of the patent battle between Apple …
By Gene Quinn
5 months ago 0

Supreme Court skeptical of Apple, hears oral arguments in Samsung v. Apple design patent case

Much of the court’s line of questioning at times sought answers to whether a standard could be applied in a design patent infringement case in such …
By Steve Brachmann
5 months ago 12

Design Patents: The Under Utilized and Overlooked Patent

Typically an inventor wants to protect the function of the invention when at all possible. But what if you cannot get a utility patent because the underlying …
By Gene Quinn
6 months ago 3

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
7 months 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
7 months 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
9 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
10 months ago 1