Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. Entrepreneurs, investors, startups, inventors and anyone interested in...more
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
IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms...more
On April 23, 2013, H.R. 1663 “Promoting Automotive Repair, Trade, and Sales Act of 2013’’ or the ‘‘PARTS Act’’, was referred to the House Judiciary Committee. Similar bill H.R. 3889 died in committee last year. The proposed...more
In This Publication: - Preface - General Information - Immigration - Investment Factors - Intellectual Property - Principal Forms of Business Entities - Taxation -...more
In this issue: - Federal Circuit: Speak Now or Forever Hold Your Appeal - The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It? - DMCA Safe Harbor Upheld for...more
The Federal Circuit recently issued an opinion in the case In re Owens affecting the range of permissible claim changes in design patents. In re Owens, Appeal No. 2012-1261 (Fed. Cir. Mar. 26, 2013). Unlike utility patents,...more
In this issue: - Product Demonstrations and Disclosures – The Truth’s Not Always Pretty - Smartphones Spotlight Design Patents - Natural or Synthetic? USDA’s Draft Guidance Weighs In - Upcoming...more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
In This Issue: *News From The Bench: - Claim Construction: “Only One” Or “More Than One.” - No Need To Include Claim Construction in Design Patent Infringement Complaint. - CAFC Finds That Adapting...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: Patents - 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
One month from tomorrow, the most significant change to U.S. patent law in recent history will go into effect. Since 1790, when the first patent act was signed into law, the U.S. patent system has been a “first to invent”...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
A new system for international design patent registration will greatly benefit design innovators through cost and timing efficiencies. In December 2012, President Obama signed into law the Patent Law Treaties Implementation...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
This year has been marked by significant judicial and legislative developments relating to the fashion industry in the United States....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 - Opinion:...more
After a long delay, the United States will soon implement two multilateral treaties that will assist U.S. applicants in securing design and utility patents in foreign countries. The Hague System Agreement will allow design...more
On December 5, 2012, the U.S. House of Representatives passed the Patent Law Treaties Implementation Act. The Senate previously passed the Act on September 22, 2012....more
In This Issue: - The Innovative Design Protection Act: Bound for Success or Doomed to Fail? - Strategic Licensing Considerations - New Faces - Points from the President - Think Again Before Walking Away from...more
[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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