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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

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: Keurig, Inc. v. JBR, Inc.

Decision Date: May 24, 2013 - Court: D. Massachusetts - Patents: D502,362 - Holding: Defendant’s motion for summary judgment of non-infringement GRANTED - Opinion: Plaintiff Keurig, Inc. sued JBR,...more

Update on Post-Grant Design Patent Challenges

Since our last article on the topic of design patent reexaminations (see “All or Nothing Design Patent Reexaminations: On the Rise,” June 8, 2010), design patents are more popular than ever. Interest in design patents...more

Intellectual Property and Your Startup (Presentation)

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

Intellectual Property Newsletter - March 2013

*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

Protection By Design: Industrial Design Law In Canada

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

Federal Circuit Review - Volume 3 | Issue 2 February 2013

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

IP Update, Vol. 16, No. 2, -- February 2013

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...more

Patent Watch: Hall v. Bed Bath & Beyond, Inc.

[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

Design Patent Case Digest: Victor Stanley, Inc. v. Creative Pipe, Inc.

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

IP 101 – 10 Things You Should Know About Patents to Protect Your Business

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

Don’t Overlook Industrial Designs: Part 2

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

Don’t Overlook Industrial Designs: Part 1

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

Intellectual Property Newsletter - December 2012

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

Design Patent Case Digest: Telebrands Corp v. Del Laboratories, Inc.

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

Patent Watch: Revision Military, Inc. v. Balboa Mfg. Co.

[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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