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Declaratory Judgments Design Patent

Holland & Knight LLP

Aesthetic Appeal of a Patent's Claimed Design Is Inadequate to Render It Functional

Holland & Knight LLP on

• In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the requirements for design patents in its Automotive Body Parts Association v. Ford Global...more

Knobbe Martens

Skechers and Eliya Fight Over Shoe Design Patents Again

Knobbe Martens on

Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

Proskauer - New England IP Blog

Lights Out for Invalidity and Unenforceability Counterclaims After PTAB Invalidates Design Patent

Flipping the switch on the last remaining claims in the case, a Massachusetts Court recently dismissed as moot two defendants’ counterclaims for declaratory judgment of invalidity and unenforceability following a PTAB...more

Dorsey & Whitney LLP

Using Design Patents to Claim Functional Elements???

Dorsey & Whitney LLP on

A recent opinion from the United States Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co., No. 2015-1553, 7 (Fed. Cir. 2016), held that design patents can provide protection for ornamental...more

Foley & Lardner LLP

Athletic Shoe Lawsuits are Off and Running

Foley & Lardner LLP on

Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899, and the first patent for “athletic shoes” issued in 1921, although it related...more

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