Utility Patents

News & Analysis as of

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis...more

Ads Touting Function Shoot Down Trademark

This isn’t the first time we’ve written about brand owners who shoot themselves in the foot with their advertising. And, I’m sure it won’t be the last. As we’ve discussed before, touting the function of a product design...more

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

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

Blog: What You Should Know About the UK Patent Process

Patents provide inventors exclusive rights in their discoveries. Entrepreneurs in the pharmaceutical, life sciences, medical device and many other fields look favourably upon the benefits of patents, including...more

Patenting the Potato: “Not All Taters are Created Equal”

Wearing a McDonald’s blue garrison-style hat—red hats signified management—I often worked at the french fry station during my pimply high school years in the 1970s. If you had asked me anything about the julienned potatoes I...more

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

Federal Circuit Patent Updates - August 2015

The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach). Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more

Courts Everywhere are Finding Software Patents Invalid, So What Next?

For the last few decades, corporations ranging from startups to large multinationals first turned to utility patents to protect their innovative software. These patents protected everything from the minute details of...more

Non-Apportioned Damages Awards Can Make Design Patents Highly Valuable

Companies should make design patents a key part of a company’s patent strategy due to the possibility for non-apportioned awards for design patent infringement. For companies manufacturing products in high volume, especially,...more

Successful Strategies for Doing Business in Asia: Korea (Updated)

WHAT ROLE WILL THE GOVERNMENT OF KOREA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? The Korean government takes an active, investor-friendly role in approving and regulating foreign direct investment....more

The Upcoming Implementation of the Italian Patent Box Regime

Several press articles in recent weeks have anticipated the upcoming enactment of the Ministerial Decree which will eventually implement the Italian Patent Box regime. The Ministry of Economics and Finance announced on 29...more

NAI & IPO Release List of Top 100 Universities Receiving Patents in 2014

Last month, the National Academy of Inventors (NAI) and the Intellectual Property Owners Association (IPO) published a list of the top 100 worldwide universities that received the most U.S. utility patents in 2014. The NAI...more

IPO Releases List of Top 300 Patent Holders for 2014 - Life Sciences Top 55

Last week, the Intellectual Property Owners Association (IPO) announced the release of its 32nd annual list of the top 300 organizations receiving U.S. patents (see "Top 300 Organizations Granted U.S. Patents in 2014"). ...more

Selling Products Outside the US? If Yes, New Patent Laws are Available to Streamline International Design Protection

In recognition of ever growing cross-border sales, the U.S. recently expanded its design protection laws to make it easier to file a single application in multiple jurisdictions. Read on if you deal with products that could...more

Using Utility Models to Protect your Intellectual Property in Taiwan

A new “green” attitude is pervading Taiwan. Besides ongoing environmental efforts, Taiwan is home to multiple green technology companies. While revenue results for some Taiwanese solar cell manufacturers declined this year,...more

Design Patent Case Digest: Apple Inc. v. Samsung Electronics Co., Ltd.

Decision Date: May 18, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D593,087; D604,305; D618,677 - Holding: Judgment of trade dress dilution REVERSED; judgment of patent validity and...more

Trade Dress Updates: “Beauty” does not cut it

A recent decision of the US Federal Court (see: Apple, Inc. v. Samsung Electronics Co., Ltd. May 18, 2015) reviewed the jury decision in Apple’s famous infringement lawsuit against Samsung. You may recall that Apple’s 2011...more

File inventor oaths/declarations early in US national stage applications

Since the implementation of the America Invents Act, the United States Patent and Trademark Office (USPTO) has allowed applicants in utility patent applications to postpone the filing of an inventor’s oath or declaration...more

What Are The Basics Of The Patent Process? P.1

In recent posts, we’ve been speaking about intellectual property rights, including trademark disputes. Here, we want to speak briefly about some of the basics of the patent application process and how an attorney can help...more

Apple v. Samsung: Trade Dress Functionality and Total Profits without Apportionment

The highly publicized Apple v. Samsung litigation saga began in April 2011 when Samsung alleged various infringements of patents and trade dress related to Apple’s iPhone. A jury awarded more than $1 billion in damages. In a...more

Apple-Samsung Trade Dress Case Demonstrates Potential Value of Design Patents

A jury awarded Apple more than $1 billion in damages after finding that smartphones sold by Samsung diluted Apple's trade dress and infringed Apple's design and utility patents. After a partial retrial limited to determining...more

Actually Resisting the Temptation to Tout Function and Hopefully Own a Trademark

Continuing our ramp up toward the launch of our Strategies for Owning Your Product Designs webinar next week, I’ve been thinking a lot about the Morton-Norwich factors — the common analysis for determining whether a product...more

The case law of the German courts of lower instance for patent law and utility model law since the year 2013

The article is divided into three main parts. The first part (I.) deals with the substantive law, the second part (II.) deals with procedural law and the third part (III.) deals primarily with the question of costs and cost...more

Patenting Your Basement Fusion Reactor: Utility Requirements Under U.S. Patent Law

Multiple projects are currently underway to demonstrate feasibility of fusion energy. The goal of the ITER multinational project in southern France (of which the United States is a participant) is to deliver ten times the...more

Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &...more

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