Design Patent

News & Analysis as of

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

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

Pacific Coast Marine Windshields Ltd. V. Malibu Boats, LLC et. al.: Federal Circuit Decision Confirms Application of Principle of...

On January 8, 2014, the Federal Circuit in Pacific Coast Marine Windshields Ltd. V. Malibu Boats, LLC. et. al. confirmed that prosecution history estoppel applies to design patents. Although application of this doctrine to...more

Warning: Unsolicited Requests For Payment Of Fees

Owners of patent or design applications or registrations should be aware that there are bogus operators in existence who take the published details of such applications to send out invoices for unnecessary publications or...more

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

Be Careful What You Draw: Prosecution History Estoppel Applies to Design Patents - Pacific Coast Marine v. Malibu Boats, LLC

Addressing for the first time the applicability of prosecution history estoppel in design patent cases, the U.S. Court of Appeals for the Federal Circuit reversed the lower court, holding that while prosecution history...more

Pacific Coast Marine Decision Confirms Application of Prosecution History Estoppel to Designs

The Federal Circuit handed down a 3-0 decision on Jan. 8, 2014, in Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC et al., recognizing that the concept of prosecution history estoppel applies to design patents....more

Federal Circuit Review - December 2013

Apple Awarded Permanent Injunction - In Apple Inc. v. Samsung Electronics Co., Appeal No. 13-1129, the Federal Circuit vacated denial of a permanent injunction with respect to Apple’s utility patents and affirmed denial...more

New Proposed USPTO Rules for International Design Protection

U.S. design patents and their international counterparts (generally termed “industrial designs”) protect the ornamental appearance of an article of manufacture. Design protection has been the subject of increased attention...more

Design Patent Case Digest: ATAS International, Inc. v. Centria

Decision Date: September 24, 2013 - Court: Patent Trial and Appeal Board - Patents: D527,834 - Holding: ATAS’s petition to institute inter partes review is DENIED. Opinion: ATAS International, Inc....more

USPTO Issues Proposed Rules on Design Patents to Implement Hague Treaty on Industrial Designs

On November 29, 2013, the USPTO published its proposed rules to implement “the Hague Agreement Concerning International Registration of Industrial Designs.” The changes relate to the design patent provisions of Title I of the...more

Apple, Inc. - A Case Study in Successful Exploitation of Design and Innovation

Some of the world’s strongest consumer products companies have achieved this success by harmoniously integrating technical innovation and distinctive product design. Worldwide brands such as Bang & OlufsenTM are built on...more

Design Patent Case Digest: W.Y. Industries, Inc. v. Kari-Out Club LLC

Decision Dates: August 25, 2011 and November 12, 2013 - Courts: D. NJ and United States Court of Appeals for the Federal Circuit - Patents: D469,689 - Holding: The terms of the ‘689 Patent are construed;...more

Design Patent Case Digest: Spencer v. Taco Bell Corp.

Decision Date: October 2, 2013 - Court: M.D. Florida - Patents: D643,474 - Holding: Defendant’s motion for summary judgment of patent invalidity and non infringement...more

Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct,...

Decision Date: September 11, 2013 - Court: Fed. Cir. Patents: D598,183 - Holding: Grant of summary judgment of invalidity REVERSED and REMANDED. Opinion: Buyer’s Direct, Inc. (“BDI”)...more

Law À La Mode - Issue 11 – Fall 2013

In This Issue: - Who are you wearing? Protecting the power of your name - Cosmetics – preserving their reputation: Concerns over chemical preservatives - Australian dollar heads south: Will parallel...more

Design Patents: A Low Cost Option for Expedited Patent Protection

This article outlines some of the basics of design patents, as well as some of the advantages and disadvantages, to assist you in developing your intellectual property strategy....more

Federal Circuit Addresses Design Patent Invalidity Standards

Practitioners working in the area of design patent litigation should take note of the Federal Circuit’s recent decision in High Point Design LLC v. Buyers Direct, Inc., No. 2012-1455 (Sept. 11, 2013), which provides guidance...more

Design Patent Case Digest: Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC

Decision Date: December 27, 2012 Court: D. Florida - Patents: D555,070 - Holding: Defendants’ motion for partial summary judgment of non-infringement GRANTED. Opinion: Plaintiff, Pacific Coast...more

IP Buzz - September 2013

In this issue: - Janet Satterthwaite Co-authors U.S. Chapter on Global Guide to Free Speech and Fair Use in Trademarks - Federal Circuit Reiterates Standards for Invalidating Design Patents - Who's "The...more

Federal Circuit Reiterates Standards for Invalidating Design Patents

On September 11, 2013, the Court of Appeals for the Federal Circuit reiterated certain standards for determining invalidity of design patents. In High Point Design LLC v. Buyer’s Direct, Inc., Case No. 2012-1455, plaintiff...more

Will Tire Tread Trademarks Gain Traction?

Here is to sharing a photo I took using my iPad on a recent Canadian fishing trip, and yes, there is a trademark story here to share as well, not just a beautiful sunset positioned behind this ATV tire....more

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