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Prior Art Trade Dress

Knobbe Martens

Unclean Hands and Inequitable Conduct: Dishonesty Is Not the Best Policy

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Before Reyna, Hughes, and Stark.  Appeal from the Western District of Louisiana. Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight...more

Pillsbury Winthrop Shaw Pittman LLP

Unclean Hands: Available for Litigation Misconduct or an Illusory Remedy?

Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2023 #2

Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2021-2299, -2338 (Fed. Cir. Sept. 15, 2023) - In a decade-old case that has raised a number of issues relating to design patents...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

McDermott Will & Emery

Burdens Can’t Be Avoided No Matter How They’re Dressed Up

Addressing a multitude of issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling dismissing infringement of one patent and finding a trade dress invalid but reversed the invalidation of...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Knobbe Martens

Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea

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Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US - Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida. Summary: A useful article is not copyrightable...more

Ladas & Parry LLP

A Multi-Layered Approach to Packaging Protection

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The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

Dorsey & Whitney LLP

Drilling Down: Court Invalidates Design Patent on Wellbore Centralizer Due to Lack of Ornamentality

Dorsey & Whitney LLP on

In an unusual patent claim construction order on March 2nd, a federal district court held a design patent invalid for functionality. This is a relatively rare outcome because claim construction in design patent cases is often...more

McDonnell Boehnen Hulbert & Berghoff LLP

Comparison of Design Patent and Trade Dress Protection in Light of the Federal Circuit’s Decision in Apple v. Samsung

In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect...more

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