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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
In a significant step toward modernizing design patent examination, the United States Patent and Trademark Office (USPTO) has introduced DesignVision, a new artificial intelligence (AI)-powered image search tool now available...more
Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company...more
Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., et al., Nos. 2023-1864, -1940 (Fed. Cir. (PTAB) July 14, 2025). Opinion by Dyk, joined by Lourie and Cunningham....more
Concluding that the principles of prosecution history disclaimer apply to design patents, the US Court of Appeals for the Federal Circuit reversed a district court’s denial of judgment as a matter of law and entry of a jury...more
In January 2025, the United States Patent and Trademark Office (USPTO) implemented a broad set of fee increases and structural adjustments intended to address rising operational costs and encourage more efficient patent...more
Last week, the Federal Circuit issued its decision in Top Brand LLC v. Cozy Comfort Company LLC, clarifying the application of prosecution history disclaimer in the context of design patents. This alert summarizes the...more
The US Patent and Trademark Office (USPTO) has announced the upcoming launch of an artificial intelligence (AI)-powered image-based prior-art search tool for design patents, scheduled to go live on October 1, 2025 (fiscal...more
Top Brand LLC v. Cozy Comfort Company LLC, Appeal No. 2024-2191 (Fed. Cir. July 17, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit held that prosecution history disclaimer applies to...more
The US Court of Appeals for the Federal Circuit recently issued a decision that held for the first time that principles of prosecution history disclaimer apply to design patents, aligning design patent law more closely with...more
The U.S. Patent and Trademark Office (USPTO) has announced the rollout of DesignVision, an advanced AI‑powered image search tool now integrated into the examination system for U.S. design patent applications. According to the...more
One year has passed since the Court of Appeals for the Federal Circuit made its landmark decision in LKQ Corp. v. GM Global Tech. Operations LLC, which overruled the longstanding Rosen-Durling test for determining design...more
Judge Jesse M. Furman (S.D.N.Y.) recently denied Plaintiff Chengdu Tops Technology Co., Ltd.’s (“Chengdu”) motion seeking a temporary restraining order (“TRO”) against “a slew of merchant Defendants” to enjoin “the...more
On June 10, 2025, the United States Patent and Trademark Office (USPTO) announced that, after nearly 20 years, it will be discontinuing its Accelerated Examination Program for utility applications on July 10, 2025. The...more
Starting May 13, 2025, the USPTO has begun accelerating the issuance of patents after the issue fee has been paid. Specifically, the duration between the Issue Notification and the Issue Date will be reduced to approximately...more
In today’s competitive and innovation-driven economy, protecting intellectual property (IP) is no longer just about securing utility patents. A well-rounded IP strategy that incorporates multiple forms of IP, such as trade...more
May 1, 2025, marked the entry into force of most provisions of Phase I of the new Regulation (EU) 2024/2822, which forms part of the "Designs and Models Package" adopted within the European Union. This text, in addition to...more
The legal landscape quaked, and clients and counsel continue to navigate the tremors. More than 40 years of precedent was upended in May 2024 when a federal circuit court struck down the Rosen-Durling test for assessing...more
This week, the U.S. Patent and Trademark Office (USPTO) made two announcements of interest to patent holders and practitioners as part of modernization and efficiency efforts...more
Utility patent protection is typically the first thing that comes to mind for protecting a product; however, such protection may not be available when the product has been on the market a long time or is dominated by...more
In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. § 103 in view of the en banc United States Court...more
Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more
The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, the Rosen-Durling test was used to assess obviousness of design patents....more
Lashify, Inc. is an American company, with headquarters and employees in the United States, that distributes, markets, and sells eyelash extensions (and cases and applicators for the eyelash extensions) in the United States....more
On March 5, the US Court of Appeals for the Federal Circuit issued a decision in Lashify, Inc. v. International Trade Commission, No. 23-1245, vacating in part the International Trade Commission’s (ITC) determination that...more
For decades, the ITC’s jurisdictional requirement – known as the domestic industry requirement – effectively shut out innovators from availing themselves of the powerful remedies of the forum, in the form of an exclusion...more