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Recent Posts
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- Board design patent anticipation decision reversed as prior art is to an art tool while design patent claim is “limited to lip implants”
- FC panel finds PTO has the authority to reconsider ex parte reexamination under § 325(d)
- DC’s finding of no willfulness reversed, enhanced damages and attorney fees affirmed
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Category Archives: Design Patents
Board design patent anticipation decision reversed as prior art is to an art tool while design patent claim is “limited to lip implants”
In Re: Surigisil, LLP et al. Docket No. 2020-1940 (https://cafc.uscourts.gov/opinions-orders/20-1940.OPINION.10-4-2021_1843781.pdf) MOORE, NEWMAN, O’MALLEY October 4, 2021 Brief Summary: Board decision finding design patent claim anticipated by art tool prior art reversed (e.g., “the claim is limited to lip implants and … Continue reading
Posted in Design Patents, Medical Devices
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Obviousness of utility patent affirmed; grant of SJ of non-infringement of design patent reversed and remanded
Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. Docket Nos. 2018-1329, 1331, -1728 LOURIE, MOORE, STOLL November 13, 2019 Brief Summary: DC finding that Columbia’s utility patent is invalid for obviousness affirmed. DC grant of SJ that Columbia’s … Continue reading
Posted in Design Patents, Infringement, Obviousness, Uncategorized
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PTAB design patent IPR decision vacated-in-part due to “ever-so-slight differences in design, in light of the overall similarities”
Campbell Soup Co. et al. v. Gamon Plus, Inc. Docket No. 2018-2029, -2030 (IPR2017-00091, -00094) PROST, NEWMAN, MOORE September 26, 2019 Brief Summary: PTAB’s design patent IPR decision vacated-in-part and affirmed-in-part (i.e., Lintz is a proper primary reference and Samways … Continue reading
Posted in Claim Construction, Design Patents, Uncategorized
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Pattern illustrated in design patent limited to chairs due to prosecution history
Curver Luxemborg, SARL v. Home Expressions, Inc. Docket No. 2018-2214 CHEN, HUGHES, STOLL September 12, 2019 Brief Summary: DC finding that Curver’s design patent claim limited the patent to chairs affirmed. Summary: Curver appealed DC grant of HE’s motion to … Continue reading
Posted in Design Patents, Uncategorized
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Ford’s hood and headlamp design patents valid design subject matter and not exhausted by sale of Ford F-150 truck
Automotive Body Parts Association v. Ford Global Technologies, LLC Docket No. 2018-1613 Hughes, Scholl, Stoll July 23, 2019 Brief Summary: DC decision that Ford’s hood and headlamp design patents are not “primarily functional” designs and not unenforceable under doctrines of … Continue reading
Federal Circuit affirms Board IPR decision invalidating design patents for obviousness
Kolcraft Enterprises, Inc. v. Graco Children’s Products, Inc. Docket No. 2018-1259-60 (IPR2016-00816, -00826) MOORE, REYNA, CHEN July 2, 2019 Brief summary: Board IPR decision of invalidity of Kolcraft’s design patents affirmed as evidence regarding inventor’s date of conception was uncorroborated. … Continue reading
In Re: Ron Maatita
Docket No. 2017-2037 DYK, REYNA, STOLL August 20, 2018 Brief summary: Board’s affirmance of the design patent examiner’s rejection of claim “as non-enabled and indefinite under 35 U.S.C. § 112 because it used a single, two-dimensional plan-view drawing” reversed. Summary: … Continue reading
Posted in Design Patents
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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd. et al.
Docket No. 2017-1314 NEWMAN, CELVENGER, CHEN August 1, 2018 Brief summary: DC’s dismissal of Advantek’s design patent infringement complaint reversed since, e.g., “a design patent may be for a component of a product” (“damages based on the value of the … Continue reading
Sport Dimension, Inc. v. The Coleman Company
Docket No. 2015-1553 MOORE, HUGHES, STOLL April 19, 2016 Brief Summary: DC claim construction rejected “because it eliminates whole aspects of the claimed design”. DC exclusion of expert witness found not to be an abuse of discretion because of his … Continue reading
Nordock, Inc. v. Systems, Inc. et al.
Docket No. 2014-1762, -1795 O’MALLEY, REYNA, CHEN September 29, 2015 Brief Summary: DC/jury damages award reversed and remanded since “a design patentee can recover either (1) total profits from the infringer’s sale under § 289, or (2) damages in the … Continue reading
Posted in Damages, Design Patents
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