Design Patent

News & Analysis as of

EZ Products Seeks to Scrub Scrub Buddies Over Cleaning Cloth Design Patent

On May 8, 2014, EZ Products of South Florida, LLC (“EZP”), filed a patent infringement lawsuit against Dollar Tree Stores, Inc. (“Dollar Tree”), a Virginia corporation. EZP asserts patent infringement of United States Design...more

Patent Perspectives

A patent is a legal right to keep others from making, using or selling an invention. A patent does not of itself give the owner the right to use the patented invention. For example it is quite possible for someone to patent...more

Design Patent Case Digest: Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, LTD.

Decision Date: April 21, 2014 - Court: Patent Trial and Appeal Board - Patents: D617,465 - Holding: Claimed design is obvious and therefore UNPATENTABLE - Opinion: Petitioners Munchkin, Inc. and Toys...more

Unregistered design rights – the Karen Millen case

This is a very recent decision of the CJEU in the Karen Millen case, which provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council...more

Design Patent Case Digest: Z Produx, Inc. v. Make-Up Art Cosmetics, Inc.

Decision Date: November 5, 2013 - Court: Central District of California Patents: D642, 743 - Holding: Make-Up Art Cosmetics’ motion for summary judgment of non-infringement is GRANTED...more

New UK Intellectual Property Act 2014: Better by design?

On 14May 2014, the UK Government introduced a new Intellectual Property Act 2014 (the “Act”). The Act, which focuses on patents and design rights, is intended to modernise intellectual property law to help UK businesses...more

Inconsistent Figures Render Two Design Patents Indefinite

Spanx, Inc. v. Times Three Clothier, LLC - Case Number: 1:13-cv-02157-DLC (Dkt. 58) - Judge Cote construed claims in six design patents, and determined that two of the patents were indefinite. The patents at...more

Design Patents Go to the Dogs: District Court Not Required to Provide an Express Verbal Description of the Claimed Design

MRC Innovations, Inc. v. Hunter Mfg., LLP - Addressing the nature of analyzing primary and secondary references for purposes of determining whether a design patent is obvious, the U.S. Court of Appeals for the Federal...more

Design Patent Case Digest: MRC Innovations, Inc. v. Hunter Mfg., LLP

Decision Date: April 2, 2014 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D634,488 and D634,487 - Holding: N.D. of Ohio’s Grant of Summary Judgment of Invalidity AFFIRMED...more

The European Design Regime

1. Introduction - In 1993, the Commission of the European Union issued proposals for a directive for harmonization of design laws within the member countries of the EU and for the creation of an EU-wide design regime...more

Design Patent Wars: The Icon Menace

Much of the success of Apple products can be traced to Apple’s emphasis on design as being equal or greater than the technical advancement of its products. Talking with a product designer the other day, we both remarked on...more

Federal Circuit Clarifies Standard for Obviousness of Design Patents

Practitioners involved with design patent litigation should take note of a recent decision by the Federal Circuit in MRC Innovations, Inc. v. Hunter Mfg., LLP, No. 2013-1433 (Apr. 2, 2014), where Federal Circuit clarified the...more

IP Buzz - Post Grant Practice

In this issue: - IPR Spotlight Series: Preparing and Filing a Petition - AIA Trials By Fire: How to Protect Your Patent Portfolio Against PTAB "Death Squads" - Should I Stay or Should I Go [to the PTAB]...more

First Design Patent Falls Victim to Inter Partes Review

Since the inter partes review (IPR) process became available on September 16, 2012, over 1,100 IPR petitions have been filed. But only eight petitions have challenged design patents, representing less than 0.8% of all...more

Protection of Designs in the United States

In recent years, protection of designs has become of increasing importance. As Steve Jobs famously noted: “People think it’s this veneer — that the designers are handed this box and told, ‘Make it look good!’ That’s...more

IP & Technology Newsletter (Spring 2014)

In this issue: - Special Report: US Supreme Court Will Decide Key IP Cases in 2014 - Patent Litigation: Strategies to Battle NPEs: Lessons from the Front Lines - Design Patents: The Federal Circuit...more

Graphic User Interfaces (GUIs) Now Eligible For Design Patent Protection In China

On March 17, 2014, China’s State Intellectual Property Office announced an amendment to its current Guidelines for Patent Examination for design patent protection for graphic user interfaces (GUIs). ...more

PTAB Invalidates Patent in First IPR Trial of a Design Patent

On April 21, 2014, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office issued a final written decision in the first inter partes review proceeding involving a design patent (IPR2013-00072). In...more

Board Invalidates Design Patent

In Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, Ltd., IPR 2013-00072, Paper 28 (April 28, 2014), the Board invalidated U.S. Patent No. D617,465. The Petition argued that the patent was not entitled to its priority...more

Consider Design Patents as One Mode of Protection for Product Appearance

In the world of industrial design and branding, the appearance or look and feel of a product can be subject to various forms of intellectual property (IP) protection. Copyrights and trademarks usually come to mind when...more

SIPO Announces GUI Related Design Becomes Patentable Subject Matter as of May 1, 2014

Recently announced by the State Intellectual Property Office of China (SIPO), graphical user interface (GUI) design patent applications will be accepted beginning on May 1, 2014. Revised on March 17, 2014, the amended Patent...more

SDNY Patent Litigation Update: Vol. 1, No. 4

The SDNY Patent Litigation Update provides a single-resource, monthly summary of patent litigation action in SDNY including complaints filed, important decisions, and trending issues. For example, last month Judge Scheindlin...more

The Other Shoe Drops

Case Number: 1:11-cv-04530 (Dkt. 121) - Judge Forest found a design patent covering fuzzy slippers to be anticipated and not infringed at summary judgment. The court had previously found the claims obvious, but the...more

Design Patents: New Implications from the Hague Agreement [Video]

Tracy-Gene Durkin, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses the implications of the Hague Agreement Concerning International Registration of Industrial Designs. She...more

IP Buzz - February 2014

In this issue: - Hotfile Case Will Shape Copyright Law Online - Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC et. al.: Federal Circuit Decision Confirms Application of Principle of Prosecution...more

91 Results
|
View per page
Page: of 4