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Fish & Richardson

The Most Interesting Appellate Cases of 2024

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Appellate courts issued a variety of notable intellectual property (IP) cases in 2024, including cases touching on Orange Book listings, extraterritoriality, willful infringement, design patent obviousness, and public...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

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The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Levenfeld Pearlstein, LLC

Redesigning Design Patent Validity

The U.S. Court of Appeals for the Federal Circuit sitting en banc recently overruled the long-standing test for determining obviousness of design patents in LKQ Corporation, Keystone Automotive Industries, Inc. v. GM Global...more

McDermott Will & Emery

Danger Ahead? Graham and KSR Now Apply to Design Patents

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On May 21, 2024, the US Court of Appeals for the Federal Circuit issued an en banc opinion overruling the long-standing Rosen-Durling test for obviousness of design patents in favor of the analytical framework used for...more

McDermott Will & Emery

ITC Shines Light on DI: Complainant Can’t Aggregate Investments Across Patents, Prongs

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Addressing a determination by its chief administrative law judge (CALJ) finding a violation of § 337, the US International Trade Commission reversed and held that the complainant had not satisfied the economic prong of the...more

Knobbe Martens

Medical Device Patentee Petitions Supreme Court Regarding On-Sale Bar and Price Quotes

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A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention...more

Knobbe Martens

Federal Circuit Reverses District Court’s Decision Based on On-Sale Bar (Junker v. Medical Components, Inc.)

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On February 10, 2022, in Junker v. Medical Components, Inc., the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Pennsylvania’s grant of summary judgment of no invalidity under the “on-sale bar”...more

Jones Day

Wurst Case Scenario: Sausage Tray Design Patent Found Obvious

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Last October, the Federal Circuit reversed the PTAB’s decision that a challenged design patent was not obvious. Campbell Soup Co. v. Gamon Plus, Inc., 939 F.3d 1335 (Fed. Cir. 2019). We wrote about how the court applied a...more

Weintraub Tobin

Federal Circuit Holds That Claim Language Can Limit The Scope Of A Design Patent

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In Curver Luxembourg SARL v. Home Expressions Inc., case number 18-2214, the U.S. Court of Appeals for the Federal Circuit recently held that the claim language of a design patent can limit its scope where the claim language...more

Ladas & Parry LLP

Design Patent Protection For Replacement Parts

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The fight between insurers and car manufacturers as to whether and, if so how, to protect the design of spare parts for cars delayed the implementation of an EU regulation on design protection for well over a decade and ended...more

Jones Day

Verbal Aspect of Claim Limits Design Patent Scope in Curver Luxembourg v. Home Expressions

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The Federal Circuit affirmed dismissal of design patent infringement claims under an estoppel theory triggered by amendments made to meet patentability requirements in Curver Luxembourg, SARL v. Home Expressions Inc., No....more

Kilpatrick

Design Patent Damages Post Samsung v Apple

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In its 2016 Samsung Electronics Co. v. Apple, Inc. ruling, the U.S. Supreme Court reinterpreted “article of manufacture” more broadly to encompass both the end product OR its parts, ultimately opening the door to...more

Mintz - Intellectual Property Viewpoints

Smartphone Wars – The Last Jury: Samsung Owes $539M for Infringing Apple’s Patents

California jury recently awarded Apple $538.6 million in total damages for patent infringement by Samsung. This is the latest development in the patent battle between smartphone industry titans that began in 2011 and took...more

Kilpatrick

10 Considerations for Blockchain patent applications

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Introduction - A blockchain is a distributed ledger verified and copied across thousands of computers. One analogy is Google Docs, which provides multiple parties access to the same document. Blocks in a blockchain are...more

Sheppard Mullin Richter & Hampton LLP

Patent Strategies for Cryptocurrencies and Blockchain Technology

Cryptocurrencies and blockchain technology are rapidly emerging as disruptive technologies. As has happened with many new technologies, particularly disruptive ones, a patent arms race is occurring. The number of patents...more

Troutman Pepper Locke

Cannabis Industry FAQ

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Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Farella Braun + Martel LLP

IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

Burr & Forman

Samsung Secures 8-0 Win in the Supreme Court Reversing Apple's $400 Million Damage Award

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The Supreme Court of the United States handed Samsung a victory yesterday by reversing a $400 million judgment previously won by Apple for infringement of several of Apple's design patents. In a unanimous 8-0 decision, the...more

Burr & Forman

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

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Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for...more

Ladas & Parry LLP

If The UK Votes To Brexit (Depart From The EU), How Will Your IP Rights Be Affected?

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On June 23, 2016 the United Kingdom (UK) and Gibraltar will vote in a referendum to remain in or leave the European Union (EU). If the UK votes to leave, according to Article 50 of the European Union Treaty, the...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2016

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Supreme Court to Weigh In on Damages for Design Patent Infringement - Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more

Mintz - Intellectual Property Viewpoints

Supreme Court Decides to Hear Samsung v. Apple, Appears Ready to Weigh-In on Patent Damage Calculations

This week, in Samsung Electronics Co. v. Apple Inc., No. 15-777, the Supreme Court granted Samsung’s petition for certiorari and agreed to hear the case about Apple’s smartphone design patents in its upcoming term. This will...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

Womble Bond Dickinson

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

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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

Knobbe Martens

Filing a Design Patent Internationally? New Rules You Need to Know

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The U.S. Patent and Trademark Office (USPTO) has published the Final Rules for implementation of the Hague Agreement for the Registration of Industrial Designs (i.e., design patents). They can be found here. Starting May 13,...more

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