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Functionality Utility Patents Patents

Womble Bond Dickinson

Patent for the Squatty Potty

Womble Bond Dickinson on

The Squatty Potty is a special stool that a user places in front of the toilet when it's 'time for business'. The user places her feet on the stool to elevate her knees, thereby helping the user assume a squat position when...more

Haug Partners LLP

“That’s the way the cookie crumbles!” Third Circuit Court of Appeals Considers Differences Between Trade Dress and Patent...

Haug Partners LLP on

In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more

Jones Day

Balance is Key in Design Patent Claim Drafting

Jones Day on

The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in Sattler Tech Corp. v. Humancentric Ventures, LLC. ...more

Vedder Price

The Seventh Circuit Addresses the Use of Utility Patents as Evidence of Functionality of Trade Dress

Vedder Price on

On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price...more

Morgan Lewis

Federal Circuit Reverses Claim Construction of Design Patent That Ignored Functional Elements

Morgan Lewis on

Applicants for design patents should consider claiming functional aspects of their designs in addition to the purely ornamental elements as part of their claiming strategy to achieve the broadest protection for their designs....more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

Design Patent Case Digest: Telebrands Corp v. Del Laboratories, Inc.

Telebrands Corp v. Del Laboratories, Inc. - Decision Date: September 8, 2011 - Court: S.D. New York - Patents: D596,802 - Holding: Coty’s motion for summary judgment of invalidity denied - Opinion:...more

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