The PTAB Strategies and Insights Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both...more
1/18/2018
/ § 315(b) ,
Administrative Procedure Act ,
Appeals ,
Design Patent ,
Due Process ,
En Banc Review ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Notice Requirements ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Time-Barred Claims ,
USPTO
Proving that damages for design patent infringement can still be significant, Columbia Sportswear Co. was awarded more than $3 million last month by a California jury in a design patent infringement lawsuit against Seirus...more
The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more
Sports bras and tires don’t seem to have much in common, but both embody visual designs fashioned to appeal to consumers and both have a particular form of intellectual property— design patents—tailored to protect their...more
Just when it seemed that we might have finally reached the end of the epic battle between Apple and Samsung in what was once called the “patent trial of the century,” the District Court for the Northern District of California...more
8/4/2017
/ 35 U.S.C. § 289 ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Damages ,
Design Patent ,
Disgorgement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand
The July 2017 issue of Sterne Kessler's The Goods on IP discusses thinking like an Examiner to move prosecution forward, the wide variety of consumer product companies using design patents to protect their valuable product...more
As of January 2017, the institution rate for Patent Trial and Appeal Board trials involving design patents was 37 percent. That is significantly lower than every other technology area and makes design patents the only...more
5/25/2017
/ Biotechnology ,
Design Patent ,
Obviousness ,
Patent Examinations ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Post-Grant Review ,
Prior Art ,
Priority Patent Claims ,
USPTO
In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more
5/23/2017
/ Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Cell Phones ,
Component Parts Doctrine ,
Consumer Product Companies ,
Damages ,
Design Patent ,
Disgorgement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Profits ,
Remand ,
SCOTUS ,
Smartphones
Intellectual property plays an important role in maintaining a competitive edge in rapidly evolving consumer product and consumer packaged goods markets. Consumers expect ongoing product improvements, and savvy companies...more
On October 11, the United States Supreme Court will hear oral arguments in Apple v. Samsung, the first case before the court in more than 125 years involving a claim for design patent infringement...more
The July 2016 issue of Sterne Kessler's Mark It to MarketTM newsletter discusses an upcoming SCOTUS design patent case, In One Nation Enterprises and stylization of a descriptive term, and currently open gTLD Sunrise...more
Decision Date: August 7, 2015 -
Court: U.S. Court of Appeals for the Federal Circuit -
Patent: D661,801; D661,802; D661,803; D661,804 -
Holding: Summary judgment of invalidity REVERSED; claim construction...more
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
On May 13, 2015, the U.S. Patent & Trademark Office (USPTO) will begin accepting U.S. design patent applications under the Hague Agreement. This agreement allows U.S. applicants to file up to 100 designs in over 64 member...more
In This Issue:
- I Second that e-Motion: Protecting Motion Marks
- USPTO Begins Accepting International Design Applications
- Attending INTA Annual Meeting
- gTLD Sunrise Periods Now Open
- Excerpt...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