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Trademark Infringement › Design Patent › Appeals

Alston & Bird

Patent Case Summaries | Week Ending July 18, 2025

Alston & Bird on

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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Top Brand LLC v. Cozy Comfort Company LLC

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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

McDermott Will & Schulte

Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge

McDermott Will & Schulte on

The US Court of Appeals for the Third Circuit found that trade dress protection did not extend to the design of a chocolate-dipped, stick-shaped cookie, because the product configuration was useful. Ezaki Glico Kabushiki...more

McDermott Will & Schulte

Knock It Off, Knockoffs? Ninth Circuit Affirms Trade Dress Rights but Not Fame

McDermott Will & Schulte on

Taking on issues of functionality and fame relating to trade dress rights, the US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s judgment after a jury trial on claims of...more

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