Category Archives: Design Patents

Obviousness of utility patent affirmed; grant of SJ of non-infringement of design patent reversed and remanded

Posted on November 15, 2019 by

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 | Leave a comment

PTAB design patent IPR decision vacated-in-part due to “ever-so-slight differences in design, in light of the overall similarities”

Posted on October 4, 2019 by

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 | Leave a comment

Pattern illustrated in design patent limited to chairs due to prosecution history

Posted on September 18, 2019 by

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 →

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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

Posted on July 25, 2019 by

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 →

Posted in Design Patents, Exhaustion and Repair, Uncategorized | Leave a comment

Federal Circuit affirms Board IPR decision invalidating design patents for obviousness

Posted on July 3, 2019 by

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 →

Posted in Conception and Reduction to Practice, Design Patents, Inter Parties Review (IPR), IPR, Obviousness, Uncategorized | Leave a comment

In Re: Ron Maatita

Posted on September 3, 2018 by

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 →

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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd. et al.

Posted on August 6, 2018 by

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 →

Posted in Damages, Design Patents, Infringement, Prosecution History Estoppel | Leave a comment

Sport Dimension, Inc. v. The Coleman Company

Posted on April 25, 2016 by

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 →

Posted in Claim Construction, Design Patents, Expert Testimony | Leave a comment

Nordock, Inc. v. Systems, Inc. et al.

Posted on October 1, 2015 by

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 →

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Ethicon Endo-Surgery, Inc. et al. v. Covidien, Inc. et al.

Posted on August 11, 2015 by

Docket No. 2014-1370 LOURIE, BRYSON, CHEN August 7, 2015 Brief Summary: DC finding of invalidity of ‘501 patent for indefiniteness reversed; claim construction of ‘275 patent affirmed but grant of SJ vacated as evidence of genuine dispute considered in favor … Continue reading →

Posted in Claim Construction, Design Patents, Indefiniteness | Leave a comment