Posts Tagged: design patents
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 …
Protecting Your Intellectual Property in the Internet of Things
The Internet of Things (IoT) has been upon us for some time now, though many are just beginning to see it — the interconnected network of devices that …
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, …
Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear
Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO …
Patent ‘gold rush’ to blame for patent sharks, patent trolls
Patent trolls – as well as calls for changes to the law to prevent them – date back to at least the 1800’s. A look at their history suggests …
Leveraging copyright protection for design aspects of useful products
Instead of using claims of trademark infringement and more expensive design patent infringement (if a design patent is even obtained), one can expect manufacturers of useful articles …
