Posts Tagged: design patents
IPWatchdog CON2020
This IPWatchdog® Conference will endeavor to address the issues facing innovators, creators and brand owners as they find it increasingly difficult to monetize their proprietary creations in …
Federal Circuit Finds District Court Correctly Applied Ordinary Observer Test
Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Middle District of …
Federal Circuit Finds District Court Did Not Err in Jury Instructions On ‘Ordinary Observer’ Standard
The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District Court for the Southern District of West Virginia finding that …
Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit
This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
New Bill Would Empower U.S. Customs to Enforce Design Patents at U.S. Border to Combat Imported Counterfeit Goods
Yesterday, the Counterfeit Goods Seizure Act of 2019 was introduced in the U.S. Senate to empower U.S. Customs and Border Protection to enforce U.S. design …
The Most Common Design Patent Application Rejections (and How to Avoid Them) – Part I
As one of about 46,000 registered practitioners in the United States, most of us are unfortunately too well acquainted with Section 101, 102, and 103 rejections from the U.S. Patent …
CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References
The Federal Circuit recently held in Campbell Soup Company v. Gamon Plus, Inc. (September 26, 2019) that a prior art reference lacking one of only two features shown in …
After Priority Date Lost, PTAB Invalidates Aircraft Lavatory Design Patent
Despite the April 2011 priority date asserted for the ‘031 design patent, the PTAB found in its institution decision that the ‘031 patent wasn’t entitled to the priority date …
Intellectual Property Considerations and Guidance for Start-Ups: Patents
Intellectual property probably isn’t high on the to-do list for most new nonprofits and business start-ups. There’s plenty enough to do with setting up an …
For Design Patent Owners (and Alleged Infringers), The Third Time is Not a Charm
Ultimately, the jury’s large damage award might not be the lasting storyline of this case. Apple’s “victory” here shows that well-crafted design patents can offer …
Nikola Accuses Tesla of Design Patent Infringement on Aerodynamic Truck Cabin Features
On April 30th, alternative fuel vehicle manufacturer Nikola Corporation filed a complaint alleging claims of design patent infringement against electric vehicle maker Tesla Inc. Filed in the …
Apple v. Samsung Retrial: An Opportunity to Finally Clarify Design Patent Law
On May 14th the next chapter in the Samsung v. Apple smartphone design patent dispute will commence in the United States District Court for the Northern District …
Strategic use of Design Patents: Best Practices Worldwide Protection
Today if you are not recommending your clients obtain design patents you are making a huge mistake. You shouldn’t just think about using trademarks to stop …
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... …
Protecting Branded Apparel IP Assets: Pursuing Counterfeiters and Their Profits
Branded apparel companies face many challenges in protecting their IP assets, including the unavailability of copyright protection for fashion designs, the length of time necessary to secure …
