Design Patent

News & Analysis as of

2017 Brings Issuance of New Design Patents for the Fashion Industry

It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry... ..Design patents should always be considered for timeless and iconic pieces or...more

The Apple May Not Fall Far from the Fashion Industry

In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more

Apple v. Samsung: The Parties Weigh in on Next Steps

On Tuesday, December 6, 2017, the United States Supreme Court issued its first opinion in a design patent case in more than 120 years. In the long-running smartphone saga between Apple and Samsung, the issue before the...more

Design Patents – The Often Forgotten, But Useful Protection for Accessories and a Designer’s Timeless and Staple Pieces

What is a design patent? Although trademarks and copyrights most frequently come to mind when considering the types of intellectual property protection available for fashion items, design patents can also offer valuable...more

"2016-17 Supreme Court Update"

In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more

Before You Unveil That New Product at the Big Trade Show

The biggest trade show of the year is just around the corner, and you can hardly wait to unveil your company's newest, most exciting, most innovative product yet. Your engineers and designers have worked all year to perfect...more

ITC Proceedings under the Pilot Program for Redesigns and New Products

Since February 2015, when the ITC announced its Pilot Program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products, the Commission has issued four decisions under the...more

The Year in Intellectual Property: A Look Back at 2016 & A Look Ahead to 2017

Last year was an active year in intellectual property law. There were many notable developments in 2016 by a busy United States Supreme Court and the Federal Circuit. The Supreme Court and Federal Circuit issued key rulings...more

Can Skechers Get a Second Bite at the IPR Apple?

On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design patents owned by Nike, Inc.:...more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Colourful designs and a streamlined practice get the green light in Canada

Yesterday, the Canadian Industrial Design Office announced changes that significantly modernize and streamline six of its office practices, substantially benefitting applicants seeking protection for their designs in Canada....more

IP Cases to Watch in 2017

The New Year brings excitement and anticipation of changes for the best. Some of the pending patent cases provide us with ample opportunity to expect something new and, if not always very desirable to everybody, at least...more

2016 eDiscovery Case Law Year in Review, Part 2

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

Design Patents – The Forgotten Protection

The use of design patents to protect a new product is frequently overlooked. The public only becomes aware of design patents whenever the rare blockbuster jury verdict arises such as Apple’s verdict over Samsung over iPhone...more

IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

For Design Patent Damages, “Article of Manufacture” Not Necessarily Entire End Product

Justice Sotomayor, writing for a unanimous Supreme Court of the United States, held that for purposes of determining damages for design patent infringement under 35 USC § 289, the relevant “article of manufacture” may include...more

U.S. Supreme Court Substantially Devalues Design Patent Damages on Multicomponent Products: What Design Patent Holders Need to...

The U.S. Supreme Court in a unanimous 8-0 opinion reversed and remanded to the U.S. Court of Appeals for the Federal Circuit an award to Apple, Inc. of $399 million of Samsung Electronics Co., Ltd.'s total profits on...more

Intellectual Property Law - December 2016

Design Patents—Supreme Court Decides Samsung v. Apple - Why it matters: On December 6, 2016, the Supreme Court decided Samsung v. Apple, holding that, for purposes of a "total profits" damages award for infringement of a...more

SCOTUS clarifies damages analysis for design patents, reversing landmark damage award

In another rebuke of the Federal Circuit, the Supreme Court reversed an appellate decision that upheld an award of almost $400 million resulting from Samsung’s alleged infringement of three design patents covering aspects of...more

Supreme Court Update: Salman V. United States (15-628), Shaw V. United States (15-5991), Samsung Electronics V. Apple (15-777),...

Greetings, Court Fans! The Eight continue to churn out unanimous decisions to start the Term. This Update will cover four of them—Salmon v. United States (No. 15-628), clarifying the "personal benefit" element of...more

IP Australia releases Exposure Draft of the Intellectual Property Laws Amendment Bill 2017

IP Australia has released an Exposure Draft of the Intellectual Property Laws Amendment Bill 2017. The proposed changes aim to align and simplify the administrative processes and rules relating to patents, trade marks,...more

Samsung Secures 8-0 Win in the Supreme Court Reversing Apple's $400 Million Damage Award

The Supreme Court of the United States handed Samsung a victory yesterday by reversing a $400 million judgment previously won by Apple for infringement of several of Apple's design patents. In a unanimous 8-0 decision, the...more

Supreme Court Signals Shift in Approach to Damages in Design Patent Infringement Cases

In its first design patent case in over a century, the Supreme Court on Tuesday, December 6, 2016, reversed a damages award Apple Inc. (“Apple”) had won over Samsung Electronics Co., Ltd. (“Samsung”) in their protracted...more

Supreme Court Takes Small Bite of Apple, Leaves Bigger Questions Aside on Design Patent Damages

A unanimous Supreme Court held in Samsung Electronics Co. v. Apple Inc. that Section 289 of the Patent Act does not demand that the entire, infringing end-user product be the basis for determining damages for design patent...more

A Smaller Bite for Apple? Supreme Court Limits Damages for Design Patent Infringement

In a case reversing a $399 million damages award to Apple, the U.S. Supreme Court has held unanimously that an “article of manufacture” under the design patent damages statute can be anything from an entire product to a...more

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