LexisNexis® Legal Newsroom
Legal Ruling Favors Design Patent Holders

Decision Comes as More Companies Seek Alternate Forms of IP Protection On September 22, 2008, the Federal Circuit eliminated the "Point of Novelty" test for design patent infringement, in favor of exclusive application of the long-held "Ordinary Observer" test in Egyptian Goddess...

Design Patents & Reexamination – - A Discussion with Design Patent Expert Philippe Signore

Design patents are significantly different from utility patents in that design patents do not protect function, but instead, protect ornamental features. Design patent are defined in scope by the content of the drawings as opposed to the words of a set of claims. Further, design patents are accorded...

Paparazzi Photo Kills Ford Design in Patent Reexamination

In a strange twist of fate, a Ford design patent was recently invalidiated in patent reexamination based upon a spy photo. In an appeal before the BPAI, ( ex parte Ford Global Technologies, 90/007,640 ), the Board affirmed a rejection of the underlying Ford Design Patent based upon an automotive...

Oral Arguments in Stauffer v. Brooks Brothers, Inc: FREE DOWNLOAD - Complaint/Opinion, Stauffer v. Brooks Brothers, et al., 08civ10369 (SDNY)

Last week, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in the case of Stauffer v. Brooks Brothers, Inc. , Nos. 09-1428 et al. The court must decide whether appellant Stauffer has standing to sue the apparel company for labeling adjustable bowties with expired design patents...

Kenyon & Kenyon LLP: ITC Grants Exclusion Order for Crocs On Infringing Shoes

By Michelle Mancino Marsh , Michael Kelly and Aaron Johnson On July 15, 2011, the U.S. International Trade Commission, concluded a prolonged patent investigation, issuing a general exclusion order prohibiting the importation of footwear that infringe Crocs Inc.'s utility and design patents...

Brinks Hofer Gilson & Lione: House Introduces Bill to Limit Design Patent Protection for Automotive Parts

Members of the U.S. House Judiciary Committee reintroduced legislation on February 2, 2012 that would drastically reduce the term for design patent protection from 14 years to a mere 30 months for automotive repair parts. The bill, titled the "Promoting Automotive Repair, Trade, and Sales"...

Troutman Sanders LLP: Apple v. Samsung: Irreparable Harm and Obviousness in Preliminary Injunction Analysis

By Megan Rahman On May 14, the U.S. Court of Appeals for the Federal Circuit in Apple, Inc. v. Samsung Electronics Co. Ltd. , No. 2012-1105 (Fed. Cir. May 14, 2012) affirmed-in-part, vacated-in-part and remanded the district court's denial of a preliminary injunction awarded to Apple with respect...

Calvin Klein Accused of Infringing Design Patents for Yoga Pants

Yesterday, Lululemon Athletica Canada filed suit against Calvin Klein, accusing the clothing icon of infringing three design patents for yoga pants. The patents include U.S. Patent Nos. D645,644 , D661,872 , and D662,281 . Lululemon sells products in the United States that embody the patents-in...

Fitch, Even, Tabin & Flannery LLP: Patent Law Treaties Implementation Act of 2012 Signed into Law

On December 19, 2012, President Obama signed into law the Patent Law Treaties Implementation Act of 2012 ("PLTIA"). The PLTIA implements two treaties: the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on July 2, 1999 ...

Fitch Even IP Alert: Federal Circuit Addresses Written Description Requirements for Broadening Design Continuation Applications

In a recent panel decision, In re Owens [ an enhanced version of this opinion is available to lexis.com subscribers ], the Federal Circuit addressed the written description requirements for design patents, and explained how the written description requirement should be applied for broadening continuation...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Holds Prosecution History Estoppel Is Applicable to Design Patents

On January 8, 2014, in Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC , the Court of Appeals for the Federal Circuit addressed the doctrine of prosecution history estoppel [ an enhanced version of this opinion is available to lexis.com subscribers ]. While this doctrine traditionally has...

Federal Circuit Partially Affirms Apple's Smartphone Victory Over Samsung, Highlighting Importance of Design Patents

In 2012, in Apple Inc, v. Samsung Electronics Co., LTD., et al. , Apple scored a significant trial victory against rival Samsung when a jury awarded over $1 billion in damages for infringement of several forms of intellectual property relating to smartphones. Specifically, the jury found that Samsung...