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
On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard. The decision eliminates the Rosen-Durling test,...more
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
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
Directors Tracy-Gene G. Durkin, Deirdre M. Wells, Daniel A. Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST....more
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
2/22/2023
/ Appeals ,
Design Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Registration ,
Patent Trial and Appeal Board ,
Patents
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
Following the successful release of the firm's inaugural year-in-review report last year, we will again be hosting a webinar featuring the highlights of our 2023 report. Webinar speakers will provide an overview and analysis...more
From consumer products to graphical user interfaces to pharmaceuticals and medical devices, design patents have become essential tools in the IP toolkit for companies of all sizes. Not only are they relatively inexpensive and...more
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
3/3/2022
/ Appeals ,
Corporate Counsel ,
Design Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Utility Patents
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
In conjunction with the forthcoming release of the firm's inaugural year-in-review report, speakers will offer case summaries and analysis of particularly significant design patent updates and trends. Specifically, the...more
2/23/2022
/ Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
USPTO ,
Webinars
Product design holds tremendous monetary value globally. This often leads to successful designs falling victim to knock-offs that can damage brand loyalty and reduce revenue. Design patents, which protect the ornamental...more
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
The Hague Agreement, the international registration system for industrial designs, continues to grow as Canada will become its newest member on November 5, 2018. As we reported back in January, Russia also joined the Hague...more
The Hague System, the international registration system for industrial designs, grows as Russia becomes its newest member on February 28, 2018. Russia joins a long list of members, which already includes 67 countries and...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
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
The March issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use requirements of which trademark owners should be aware before undertaking a foreign filing program, and currently open gTLD sunrise...more
The January issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses best practices for companies seeking to refresh or rebrand in 2016, outlines the top three considerations for companies conducting a...more
The November issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses how authors can better protect titles of creative works in the U.S., outlines seven best practices for social media marketers seeking to quickly...more
The September issue of Sterne Kessler's MarkIt to Market™ newsletter discusses considerations when filing a petition under the USPTO pilot program, outlines what you should know when protecting a trademark for wearable...more
You may have read here before about the U.S. Patent and Trademark Office's (USPTO) increased focus on removing "deadwood" – registrations that remain in force, but cover marks that are not actually in use for all of the...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