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Supreme Court of the United States › Design Patent

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Haug Partners LLP

A New Era for Design Patent Claims: Federal Circuit Overrules Rosen-Durling Test in LKQ Corp. v. GM Glob. Tech Operations LLC

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In LKQ Corp. v. GM Global Tech Operations LLC, the United States Court of Appeals for the Federal Circuit, sitting en banc, overruled the Rosen-Durling test for assessing obviousness of design patents.The now-outdated...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024 #4

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LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed. Cir. May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to...more

Womble Bond Dickinson

USPTO Issues Updated Examination Guidance After Federal Circuit Overhauls Test for Design Patent Obviousness

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The United States Patent and Trademark Office (USPTO) has issued a Memorandum to the Corps of Patent Examiners (the “Guidance”), attempting to provide clarity in the wake of the Federal Circuit’s highly anticipated en banc...more

AEON Law

Patent Poetry: Will Federal Circuit Soften Test for Design Patent Obviousness?

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An en banc panel of the Federal Circuit recently heard arguments in a case that could change how courts assess design patents for “obviousness.” LKQ Corporation and GM Global Technology Operations LLC are engaged in a...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

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2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2023 #2

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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

Quarles & Brady LLP

Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by en banc CAFC

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In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the...more

Knobbe Martens

Medical Device Patentee Petitions Supreme Court Regarding On-Sale Bar and Price Quotes

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A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention...more

Hahn Loeser & Parks LLP

Unsuspectingly Following Your Floor Plan into an Architectural Copyright Wall

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Earlier this month, the U.S. Supreme Court was asked to consider revisiting an August 2021 decision made by the U.S. Court of Appeals for the Eighth Circuit (Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.,...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

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

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

White & Case LLP

Design patents: a growing trend in the hardware space

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Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more

Holland & Hart LLP

The Rise of Design Patents: Insights from the Apple v. Samsung Battle

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The Apple v. Samsung patent battle over specific design features of Apple’s iPhone has changed the intellectual property (IP) landscape. Now, inventors beyond the technology sector are realizing the business value of design...more

Jones Day

What’s in Your "Article of Manufacture"?

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U.S. patent laws allow for the disgorgement of the "total profits" earned by a design patent infringer deemed to have applied the "patented design" to "any article of manufacture." The disgorged profits historically were...more

Mintz - Intellectual Property Viewpoints

Smartphone Wars – The Last Jury: Samsung Owes $539M for Infringing Apple’s Patents

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California jury recently awarded Apple $538.6 million in total damages for patent infringement by Samsung. This is the latest development in the patent battle between smartphone industry titans that began in 2011 and took...more

Jones Day

Jury Dials Up Record-Setting Damages Verdict for Design Patent Infringement

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On May 24, 2018, a jury in the U.S. District Court for the Northern District of California awarded Apple over $533 million in damages for Samsung's infringement of three Apple design patents covering portions of Apple's...more

JD Supra Perspectives

Recent Developments Determining Design Patent Damages

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Design patents have been a hot topic in the IP field because statutory law says that infringers must pay the total profits on an article of manufacture that infringes a protected design. The profit disgorgement and...more

Mintz - Intellectual Property Viewpoints

Apple and Samsung Are Headed Back to the Court Room

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Following a lengthy and extensive litigation that began in 2011 that culminated in a U.S. Supreme Court decision in December of 2016, smartphone industry titans Apple and Samsung will again find themselves in Federal District...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court 2016-17 Recap

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The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

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

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

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In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more

Knobbe Martens

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

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On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

McDermott Will & Emery

Remand to District Court to Attempt to Identify “Article of Manufacture” for Design Patent Damages

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Addressing the design patent battle between Apple and Samsung on remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit declined to apply the new standard or to order specific...more

Knobbe Martens

The Apple May Not Fall Far from the Fashion Industry

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"2016-17 Supreme Court Update"

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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

Knobbe Martens

This Year’s Top Ten IP Cases

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#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

Farella Braun + Martel LLP

IP Law December Developments: What to Expect in the Future

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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

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