It has long been possible to use both trade dress and design patent rights to protect three-dimensional designs that function as trademarks. One strategy has been to rely on design patent protection while a three-dimensional...more
The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more
Decision Date: March 31, 2015 -
Court: U.S. Patent Trial and Appeal Board -
Patents: D622,531 -
Holding: Examiner’s decision in reexamination proceeding not to adopt Requester’s obviousness rejections REVERSED...more
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
6/9/2015
/ Appeals ,
Apple ,
Apple v Samsung ,
Damages ,
Design Patent ,
Dilution ,
iPhone ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Samsung ,
Trade Dress ,
Utility Patents
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
Decision Date: April 21, 2014 and April 14, 2015 -
Court: Patent Trial and Appeal Board and U.S. Court of Appeals for the Federal Circuit -
Patents: D617,465 -
Holding: Claimed design is obvious and therefore...more
Decision Dates: September 25, 2013 and July 10, 2014 -
Court: W.D. Washington and Federal Circuit -
Patent: D401,328 -
Holding: Defendant’s Motion for Judgment on the Pleadings GRANTED; Complaint...more
Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia -
Patent: D448,541 -
Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction -
DENIED. Defendant’s motion for...more
Decision Date: August 28, 2014 -
Court: N.D. Illinois -
Patent: D442,661 -
Holding: Defendant’s motion for judgment on the pleadings of non-infringement -
GRANTED
Opinion:
Plaintiff...more
Decision Date: November 18, 2014 -
Court: District of Massachusetts -
Patent: D677,423 -
Holding: Plaintiff’s proposed claim construction ADOPTED -
Opinion:
Plaintiff Maureen Reddy sued...more
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
Decision Date: September 15, 2014 -
Court: District of New Jersey -
Patents: D485,990 -
Holding: Defendant’s motion for summary judgment: GRANTED -
Opinion:
Allyson Wallace, initially acting pro se,...more
The October issue of Sterne Kessler's MarkIt to MarketTM newsletter reviews some highlights from the new USPTO Service Mark Specimens Examination Guide, considers the colorful history of the Störtebeker beer brand name, and...more
Decision Date: October 20, 2014 -
Court: Northern District of Illinois -
Patents: D564,834 and D609,045 -
Holding: Defendants’ proposed claim construction is REJECTED -
Opinion:
Plaintiff...more
Decision Date: September 3, 2014 -
Court: Southern District of Indiana -
Patents: D500,646 -
Holding: Defendants’ motion for summary judgment of non-infringement GRANTED -
Opinion: Plaintiff Kenneth...more
Decision Date: March 21, 2014 -
Court: Patent Trial and Appeal Board -
Patents: D652,922 -
Holding: Petition to Institute Inter Partes Review DENIED -
Opinion:
Medtronic, Inc. filed a petition...more
Decision Date: February 21, 2014 -
Court: E.D. Arkansas -
Patents: D561,294 and D576,246 -
Holding: Defendants’ motion to dismiss GRANTED -
Opinion:
Plaintiffs P.S. Products, Inc. (“P.S.”)...more
Decision Date: September 5, 2014 -
Court: Patent Trial and Appeal Board -
Patents: D525,731 and D526,429 -
Holding: Petitions to Institute Inter Partes Review DENIED
Opinion:
Dorman...more
The State Intellectual Property Office (SIPO) of China has issued the first four design patents protecting graphical user interfaces (GUIs). The patents issued were filed by Beijing Qiyi Century Science & Technology Co.,LTD.,...more
Decision Date: April 21, 2014 -
Court: Patent Trial and Appeal Board -
Patents: D617,465 -
Holding: Claimed design is obvious and therefore UNPATENTABLE -
Opinion:
Petitioners Munchkin, Inc. and Toys...more
Decision Date: November 5, 2013 -
Court: Central District of California Patents: D642, 743 -
Holding: Make-Up Art Cosmetics’ motion for summary judgment of non-infringement is GRANTED...more
Decision Date: April 2, 2014 -
Court: U.S. Court of Appeals for the Federal Circuit -
Patents: D634,488 and D634,487 -
Holding: N.D. of Ohio’s Grant of Summary Judgment of Invalidity AFFIRMED...more
On April 21, 2014, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office issued a final written decision in the first inter partes review proceeding involving a design patent (IPR2013-00072). In...more
Decision Date: September 24, 2013 -
Court: Patent Trial and Appeal Board -
Patents: D527,834 -
Holding: ATAS’s petition to institute inter partes review is DENIED.
Opinion:
ATAS International, Inc....more
Decision Dates: August 25, 2011 and November 12, 2013 -
Courts: D. NJ and United States Court of Appeals for the Federal Circuit -
Patents: D469,689 -
Holding: The terms of the ‘689 Patent are construed;...more