Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more
*News from the Bench:
- First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad.
- Dissenting Federal Circuit Judges Abide By The Akamai Standard.
- More On Joint Infringement and The Akamai...more
Bodum – a maker of popular coffee-press and glass products – wanted to protect their design for a double-walled drinking glass in a competitive marketplace. Apple wanted to protect the design of their popular handsets like...more
In This Issue:
• Licensing to Foreign Manufacturers Satisfies Domestic Industry
• Appeal Found to Be Moot in Light of “Side Bet”
• Mere Design Choice Leads to Obviousness Finding
• Design Patent Infringement...more
In This Issue:
Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the Place...more
[A] sua sponte dismissal of a complaint "is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised."...more
Decision Date: September 30, 2011 -
Court: D. Maryland -
Patents: D523,263 -
Holding: Defendants liable for design patent infringement -
Opinion: Plaintiff, Victor Stanley, Inc. sued Creative Pipe, Inc....more
1. What is a patent?
A patent is a right granted to inventors by the government to exclude others from making, selling, offering for sale, using, or importing an invention. The U.S. Government has issued over eight...more
As mentioned in our previous post, industrial designs protect the visual features of a product (shape, configuration, pattern or ornament). Functional, utilitarian or useful elements are not eligible for protection. This was...more
Industrial designs are like the shy cousins of much sexier patents and copyright. Sure, patents and copyright get all the attention, but industrial design can be a very reliable, useful tool in the intellectual property...more
In This Issue:
..News From the Bench:
- Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents.
- The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
Telebrands Corp v. Del Laboratories, Inc. -
Decision Date: September 8, 2011 -
Court: S.D. New York -
Patents: D596,802 -
Holding: Coty’s motion for summary judgment of invalidity denied -
[T]he estimated likelihood of success in establishing infringement is governed by Federal Circuit law. [A movant for a preliminary injunction in a patent case] need not meet [the] heightened "clear or substantial likelihood"...more
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