Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
2/21/2023
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Appeals ,
Article of Manufacture ,
Australia ,
Chile ,
China ,
Claim Construction ,
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Design Patent ,
EU ,
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Final Written Decisions ,
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India ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Jury Verdicts ,
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Noninfringement ,
Obviousness ,
Patent Applications ,
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Patent Litigation ,
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Prior Art ,
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Section 337 ,
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Summary Judgment ,
The Hague System ,
Trade Dress ,
United Arab Emirates (UAE) ,
USPTO
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
10/31/2019
/ Appeals ,
Best Practices ,
Claim Construction ,
Design Patent ,
Lack of Specificity ,
Ornamental Design ,
Patent Examinations ,
Patent Litigation ,
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Prosecution History Estoppel ,
USPTO ,
Written Descriptions
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
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
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more