News & Analysis as of

Design Patent

Ladas & Parry LLP

[Webinar] IP Basics For The Food & Beverage Industry - January 30th, 12:30 pm ET

by Ladas & Parry LLP on

Join the Ladas & Parry Food & Beverage Industry Group on January 30th to learn the basics of intellectual property as it relates to protecting what is special about your food industry products. Topics include: • Appearance...more

Kilpatrick Townsend & Stockton LLP

[Event] Part 1: Design Rights Protection for Retailers and Consumer Product Companies - January 23rd, San Francisco, CA

Please join Partner Babak Kusha along with client panelists Shannon King of Williams-Sonoma, Collette Parris of S'well, and Danielle Warner of FIGS as they discuss design patents, the often-overlooked patent right that covers...more

Kilpatrick Townsend & Stockton LLP

Retail and Consumer Goods Team Alert: 2020 VISION

With the turn of the calendar, the beginning of the new year, and the collective making of resolutions, it is also a good idea to understand the biggest legal risks that companies may confront in the near- and long-term....more

McDermott Will & Emery

Cold Pattern Forecast: Piecemeal Design Evaluation Yields Improper Infringement Analysis

by 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

Arent Fox

New Bill Would Authorize US Customs to Enforce Design Patents

by Arent Fox on

Currently, CBP is empowered to seize counterfeit merchandise or packaging that violates those copyrights, trademarks, and trade names that have been previously recorded with CBP. The Bill would allow CBP to make similar...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

by Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

International Lawyers Network

Selling Your Products on US Online Marketplaces

Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a...more

Kilpatrick Townsend & Stockton LLP

Automotive Design Patents: Best Protection Strategies

The U.S. is the world’s second-largest market for vehicle sales and production. To stay competitive in this multibillion-dollar industry, automotive manufacturers must strategically obtain valid and enforceable design patents...more

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

Senators Propose Bill to Strengthen Anti-Counterfeiting Toolkit with Design Patents

On December 5, 2019, four senators introduced a bill that would add an important tool to the design patent enforcement toolbox, making it easier and less expensive to enforce design patents at the U.S. border. Senators...more

Kilpatrick Townsend & Stockton LLP

3 KEY TAKEAWAYS: International Seminar: Doing Business in China – Exploring Cross-Border Legal Issues Intellectual Property...

Kilpatrick Townsend’s Charles Gray, the Practice Head of Asia Area Patents who works from the firm’s Shanghai office, and Fei Shen, an associate in the firm’s San Diego office, recently presented at the Association of...more

McDermott Will & Emery

PTAB Designates Obvious Design Choice Opinion as Informative

by McDermott Will & Emery on

The Patent Trial and Appeal Board (PTAB) designated as informative the decision in Ex parte Spangler, Appeal No. 2018-003800 (PTAB Feb. 20, 2019) (Bahr, APJ) (designated informative on Oct. 15, 2019), where the PTAB affirmed...more

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

MarkIt to Market® - November 2019

The November 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent Federal Circuit design patent decision, the USDA's new hemp rules, and Moët Hennessy Louis Vuitton's acquisition of Tiffany & Co. We...more

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

IP Hot Topic: Does Adding a Logo to a Copycat Product Qualify as a Successful Design Around?

On November 13, 2019 the Federal Circuit issued an opinion in Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. (2018-1329, -1331, -1728). The case involved appeals from both Columbia and Seirus...more

Morgan Lewis

Federal Circuit Tosses Columbia’s $3M Design Patent Infringement Award Without Resolving Damages Issue

by Morgan Lewis on

While sidestepping the anticipated “article of manufacture” issue for calculating the infringer’s total profits under 35 USC § 289, the US Court of Appeals for the Federal Circuit in a recent precedential opinion overturned a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2019 #3

PATENT CASE OF THE WEEK - Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal Nos. 2018-1329, et al. (Fed. Cir. Nov. 13, 2019) - This week’s Case of the Week strikes close to home,...more

Knobbe Martens

Accused Infringer’s Ornamental Logo May Defeat Design Patent Infringement Claim

by Knobbe Martens on

COLUMBIA SPORTSWEAR v. SEIRUS INNOVATIVE ACCESSORIES  - Before Lourie, Moore, and Stoll. Appeal from the U.S. District Court for Southern District of California. Summary: An accused infringer’s use of ornamental logos...more

McDermott Will & Emery

Federal Circuit Cans Prior Art Exclusion for “Ever-So-Slight” Design Differences

by McDermott Will & Emery on

In what it described as an “unusual situation” involving design patents, the US Court of Appeals for the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) factual determination, finding that the PTAB erroneously...more

McDermott Will & Emery

Basket Case: Article Name Limits Design Patent Claim

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court finding that the article descriptor used in a design patent limited the scope of the claimed design. Curver Luxembourg, SARL v. Home Expressions Inc.,...more

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

The Goods on IP - October 2019: Curver Luxembourg v. Home Expressions: Words Can Matter in a Design Patent

Claim construction for a design patent is mainly focused on the drawings, which show the ornamental design that is protected by the patent. But the Federal Circuit recently identified one situation where the drawings weren’t...more

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

The Goods on IP - October 2019

The October 2019 issue of Sterne Kessler's The Goods on IP® discusses a recent Federal Circuit decision that highlights the need for careful attention to the text—not just the drawings—in a design patent application, to...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – October 2019

by Fish & Richardson on

This post summarizes some of the significant developments in the Northern District of Texas and the Eastern District of Texas for the month of October 2019....more

Fenwick & West LLP

New Federal Circuit Guidance on Design Patents: Key Takeaways for Companies Seeking Protection

by Fenwick & West LLP on

With few substantive decisions addressing design patents, it’s always exciting to see new guidance from the U.S. Court of Appeals for the Federal Circuit on how these valuable IP assets are prosecuted and enforced. In two...more

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

PTAB Strategies and Insights - September 2019: Words Matter in a Design Patent

It is important for petitioners and patent owners alike to understand the implications of Curver Luxembourg v. Home Expressions, which relied on prosecution history and the title to limit design patent claim scope....more

Jones Day

Opening a Can of Worms for Design Patent Obviousness?

by Jones Day on

Design patent obviousness requires a heavy threshold burden of proof. Challengers have to find a “primary reference,” i.e., prior art that has “basically the same” design characteristics as the claimed design. Below is an...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #4

PATENT CASE OF THE WEEK - SIPCO, LLC v. Emerson Electric Co., Appeal No. 2018-1635 (Fed. Cir. Sept. 25, 2019) - In this appeal of the Patent Trial and Appeal Board’s (PTAB) final written decision regarding covered...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
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Updates to This Policy

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