News & Analysis as of

Summary Judgment Patents Design Patent

Knobbe Martens

Federal Circuit Review | May 2024

Knobbe Martens on

Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024 #4

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

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

2023 Design Patents Year in Review: Analysis & Trends: U.S. Court of Appeals for the Federal Circuit: New Chapters in Two Ongoing...

In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. design patents. The three 2023 opinions are Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., LKQ...more

Linda Liu & Partners

CNY Three Million Damages Awarded in Full | Patent Infringement Case Related to “ReFa Beauty Roller”

Linda Liu & Partners on

Summary of the Judgment - Where a right holder has submitted prima facie evidence showing that the actual loss caused to the right holder or the benefit gained by an alleged infringer due to an alleged infringement is...more

Jones Day

Rosen-Durling Test Back on the Table

Jones Day on

In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v. Teleflex. A...more

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

2022 Design Patents Year in Review: Analysis and Trends: US District Courts: A Busy Year for Design Patents, Including a $17M Jury...

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

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

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

2021 Design Patents Year in Review: Analysis and Trends: US District Courts: No Slowdown in Filings

Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in...more

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

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

McDermott Will & Emery

Chalk One Up to the Knock-Off

McDermott Will & Emery on

Addressing issues of design patent infringement, copyright infringement, trade dress infringement and unfair competition, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment...more

McDermott Will & Emery

No Summary Judgment Where Primary Reference Might Not Be “Basically the Same” as Asserted Design Patent

The US Court of Appeals for the Federal Circuit found that the district court improperly resolved a genuine dispute of material fact with respect to summary judgment of invalidity for design patent obviousness because a...more

Dorsey & Whitney LLP

Slap A Logo On It – The Future of Winning a Design Patent Infringement Claim?

Dorsey & Whitney LLP on

When I was a kid, we anxiously awaited Christmas Eve, with the exception of traditional lutefisk dinner. If you too have ingested lutefisk, you may agree that it is unpalatable. My Dad’s now family-famous quip was “just put...more

Harris Beach PLLC

Patent Infringement: Successful Litigation Stays the "Course"

Harris Beach PLLC on

What happens when your competitors infringe your patent for golf equipment – then declare bankruptcy to avoid paying up? In this episode, Harris Beach intellectual property (IP) attorneys share the story behind the $12...more

McDermott Will & Emery

Cold Pattern Forecast: Piecemeal Design Evaluation Yields Improper Infringement Analysis

McDermott Will & Emery on

In a procedurally complicated case involving allegations of both utility and design patent infringement, the US Court of Appeals for the Federal Circuit found that a district court’s piecemeal approach to a design patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #2

Curver Luxembourg, SARL v. Home Expressions Inc., Appeal No. 2018-2214 (Fed. Cir. Sept. 12, 2019) In a significant case in the field of design patents, the Federal Circuit clarified the scope of design patent infringement...more

McDermott Will & Emery

Keep on Truckin’: Aesthetic Functionality Has No Part in Design Patent Validity

McDermott Will & Emery on

Addressing the issue of the functional requirements of design patents, the US Court of Appeals for the Federal Circuit refused to invalidate design patents on truck parts on the basis of aesthetic functionality. Automotive...more

Knobbe Martens

Federal Circuit Review - July 2019

Knobbe Martens on

Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement - In Enzo Life Sciences, Inc. v.  Roche Molecular Systems, Inc., Appeal Nos. 2017-2498, -2499, -2545, -2546, broad patent claims were invalid as...more

Holland & Knight LLP

Aesthetic Appeal of a Patent's Claimed Design Is Inadequate to Render It Functional

Holland & Knight LLP on

• In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the requirements for design patents in its Automotive Body Parts Association v. Ford Global...more

Jones Day

ABPA v. Ford: Design Patent Defenses Run Out of Gas on Appeal - A U.S. Court of Appeals for the Federal Circuit decision...

Jones Day on

On July 23, 2019, the U.S. Court of Appeals for the Federal Circuit released its decision affirming summary judgment that the asserted design patents were not invalid for non-ornamentality under 35 U.S.C. § 171, and rejecting...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Refuses to Create Separate Exhaustion and Repair Rules for Design Patents

The Federal Circuit has ruled that neither the exhaustion nor permissible repair doctrines allow manufacture of new replacement components covered by design patents. The Automotive Body Parts Association (ABPA) sued Ford...more

Knobbe Martens

Aesthetic Appeal Does Not Render Design Patent Invalid

Knobbe Martens on

AUTOMOTIVE BODY PARTS ASS'N v. FORD GLOBAL TECHNOLOGIES, LLC - Before Hughes, Schall, and Stoll. Appeal from the United States District Court for the Eastern District of Michigan. Summary: Aesthetic appeal is not an...more

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

Design Patent Case Digest: Ethicon Endo-Surgery, Inc. v. Covidien, Inc.

Decision Date: August 7, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patent: D661,801; D661,802; D661,803; D661,804 - Holding: Summary judgment of invalidity REVERSED; claim construction...more

McDermott Will & Emery

Enablement: Multiple Measurement Methods Can Lead to the Same Result - Ethicon Endo-Surgery, Inc. v. Covidien, Inc.

McDermott Will & Emery on

Addressing the issues of indefiniteness and non-infringement for both utility and design patents, the U.S. Court of Appeals for the Federal Circuit reversed and vacated in part the district court’s grant of summary judgment...more

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

Design Patent Case Digest: Kreative Power, LLC v. Monoprice, Inc.

Decision Date: March 3, 2015 - Court: Northern District of California - Patents: D653,215 - Holding: Defendant’s motion for summary judgment GRANTED - Opinion: On June 26, 2014, Kreative Power, LLC...more

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

Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct,...

Decision Dates: September 11, 2013 and March 26, 2014 - Courts: Federal Circuit and the Southern District of New York Patent: D598,183 - Holding: Grant of summary judgment of invalidity REVERSED and REMANDED; on...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide