As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. and elsewhere. In last year’s report, we noted that the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc...more
1/23/2025
/ Appeals ,
CAFC ,
Canada ,
China ,
Corporate Counsel ,
Design Patent ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Riyadh Design Law Treaty ,
Ukraine ,
USPTO ,
WIPO
Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more
2/8/2024
/ America Invents Act ,
Appeals ,
CAFC ,
Design Patent ,
EU ,
Innovation Patent ,
Innovative Technology ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Section 337 ,
USPTO
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
/ Anticipation ,
Appeals ,
Article of Manufacture ,
Australia ,
Chile ,
China ,
Claim Construction ,
Damages ,
Design Patent ,
EU ,
Exclusion Orders ,
Final Written Decisions ,
Foreign Patent Applications ,
India ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Jury Verdicts ,
Likelihood of Success ,
Motion to Dismiss ,
Noninfringement ,
Obviousness ,
Patent Applications ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Registration ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Prior Art ,
Remedies ,
Reversal ,
Section 337 ,
Settlement Agreements ,
Summary Judgment ,
The Hague System ,
Trade Dress ,
United Arab Emirates (UAE) ,
USPTO
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more
3/2/2022
/ Anticipation ,
Appeals ,
Article of Manufacture ,
Australia ,
Cease and Desist Orders ,
China ,
Design Patent ,
EU ,
Exclusion Orders ,
Final Written Decisions ,
Foreign Patent Applications ,
Injunctive Relief ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Korea ,
Nexus ,
Nonobvious ,
Ornamental Design ,
Patent Applications ,
Patent Filings ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Registration ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Precedential Opinion ,
Prior Art ,
Remand ,
Reversal ,
Section 102 ,
Section 103 ,
Section 337 ,
Substantial Evidence ,
Summary Judgment ,
The Hague System ,
USPTO ,
Utility Patents ,
Vacated
Two important, but sometimes overlooked issues in patent prosecution, particularly for companies with worldwide patent portfolios, are: 1) when a foreign filing license must be obtained; and 2) how to determine when an export...more
8/1/2020
/ EU ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Filing Requirements ,
Foreign Patent Applications ,
Germany ,
Intellectual Property Protection ,
IP License ,
ITAR ,
Multinationals ,
Open General Export Licences (OGELs) ,
Patent Cooperation Treaty ,
Patent Portfolios ,
Patent Prosecution ,
USPTO ,
WIPO
January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...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
Brexit - What You Need to Know Today -
1. No immediate change: The UK's vote last week to leave the EU after 43 years marks the beginning of a legal procedure whereby the UK may start the formal process of withdrawing...more
6/27/2016
/ Community Designs ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
Referendum Votes ,
Referendums ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit
Whether it’s black or white may not have mattered to Michael Jackson (at least that's how the song goes), but it does seem to matter now to the Office for Harmonization in the Internal Market (OHIM) and other trademark...more
The September issue of Sterne Kessler's MarkIt to MarketTM newsletter contains an explanation of new guidelines on the treatment of color logos in the European Community, a reminder of the upcoming renewal deadline for the...more