Posts Tagged: "design patents"

IPWatchdog Annual Meeting Now VIRTUAL CON2020

IPWatchdog® CON2020 has gone VIRTUAL!   The IPWatchdog® Virtual CON2020 will endeavor to address the issues facing innovators, creators and brand owners as they find it increasingly difficult to monetize their proprietary creations in an economy where many large enterprises no longer want to pay for what they choose to implement and/or sell, and there is scant legal recourse to…

IPWatchdog Annual Meeting Now VIRTUAL CON2020

IPWatchdog® CON2020 has gone VIRTUAL!   The IPWatchdog® Virtual CON2020 will endeavor to address the issues facing innovators, creators and brand owners as they find it increasingly difficult to monetize their proprietary creations in an economy where many large enterprises no longer want to pay for what they choose to implement and/or sell, and there is scant legal recourse to…

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 Florida in Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., Toys “R” Us-Delaware, Inc. The district court granted summary judgment in favor of Dolgencorp LLC, Ja-Ru, Inc., Toys “R” Us-Delaware, Inc. (the Appellees) on Lanard’s claims of design patent infringement, copyright infringement, trade dress infringement, and statutory and common law unfair competition. The CAFC, in an opinion authored by Judge Lourie, affirmed on all four claims.

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 GMS Mine Repair and Maintenance, Inc. (GMS) infringed Hafco Foundry and Machine Company, Inc.’s (Hafco) design patent, U.S. Design Patent No. D681,684 (the ’684 patent), directed to a rock dust blower for distributing rock dust in areas such as coal mines.  The CAFC also affirmed the district court’s denial of GMS’ request for a new trial due to errors in the jury instructions. Judge Newman concurred with the majority’s decision but wrote separately to note that she would have resolved the matter of damages by accepting Hafco’s proposed remitter of $110,000, which was the total of Hafco’s lost profits.

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 remands Ericsson appeal to calculate release payment in patent license; Apple, Ford and others urge the USPTO to retain policy against injunctions on companies practicing SEPs; Huawei asks the Fifth Circuit to undo the FCC’s ban preventing it from supplying U.S. networks; Sergey Brin and Larry Page relinquish executive duties at Google; U.S. antitrust regulators explore Amazon’s cloud business; Washington politicians send letter to ALI over Copyright Restatement Effort concerns; and Qualcomm challenges Judge Koh’s class action certification at the Ninth Circuit.