The Federal Circuit issued a precedent-setting ruling that clarifies the appropriate roles of judges and juries when a design patent is challenged as obvious. In doing so, the Court strengthened designers’ rights by confirming that, in certain situations, the question of whether a design patent and the prior art are visually the same should be sent to a jury rather than determined by a judge at the summary judgment phase of litigation.
Read more »Tag: design patent
-
Federal Circuit Rules That a Jury Must Determine Visual Similarity Between Design Patent and Prior Art as Part of Obviousness Analysis Posted on: April 22, 2020 In: Intellectual Property & Technology
-
Design Patents 101 – Part 2 of 2 Posted on: December 13, 2019 In: Intellectual Property & Technology
This is the second installment of a two-part series on design patents. This part will discuss the design application process and briefly touch on the prosecution of such applications
Read more »
-
Design Patents 101 - Part 1 of 2 Posted on: December 11, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on design patents and is based on a presentation delivered at the AIPLA Design Rights Boot Camp in August 2019). Part I will cover the basics of design patents and compare them to other IP protections, such as trademark and copyright.
Read more »
Blog Search
Featured Posts
- February 10, 2023 Historic Hermès Jury Verdict Paves Way for Digital Trademark Rights
- January 13, 2023 Sports Law: A Year in Review & What to Watch for in 2023
- January 06, 2023 Federal Trade Commission Cracks Down on Non-Compete Agreements
- December 06, 2022 Just In Time: Last Minute Compliance Tips for the CPRA and VCDPA
Blog Tags
3m
7th circuit
9th circuit
america invents act
bankruptcy
birkin
blockchain
california
cease and desist
chapter 11
cleaning product right to know act
copyright
coronavirus
covid-19
crca
delaware
design patent
design rights
digital assets
digital music
doctrine of equivalents
electronic filing
email
employment law
enhanced damages
epo
experimentation
facebook
false advertisement
fda
federal circuit
federal courts
first amendment
first sale doctrine
foreign filing
free speech
full costs
grace period
highly sensitive documents
howey test
huawei
immoral or scandalous
indictment
infringement
innovation
intellectual property
inter partes review
inventor
ip litigation
ipr sovereign immunity
ipr time-bar
justice department
katy perry
lanham act
led zeppelin
litigation
media
metaverse
misappropriation
music
nda
nft
ninth circuit
non-solicitation
obviousness
on-sale doctrine
oracle
patent application
patent cooperation treaty
patent law
patent litigation
patents
photography
pirate ship
post-grant review
precise numerical values
price gouging
professional sports
proprietary formula
ptab
publicity
redigi
rogers test
sec
securities
social media
sovereign immunity
super bowl
supreme court
technology
trade dress
trademark
trademark application
trademark law
trademark license
trade secrets
uspto
utility patent
venue
wipo