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Searching Content by John Evans from Jones Day ordered by Published Date Descending.
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1
Opening a Can of Worms for Design Patent Obviousness?
Design patent obviousness requires a heavy threshold burden of proof. Challengers have to find a "primary reference," i.e., prior art that has "basically the same"
United States
17 Oct 2019
2
Verbal Aspect Of Claim Limits Design Patent Scope In Curver Luxembourg v. Home Expressions
The Federal Circuit affirmed dismissal of design patent infringement claims under an estoppel theory triggered by amendments made to meet patentability requirements
United States
23 Sep 2019
3
"Exceptional" IPRs And § 285
Nevertheless, fee awards under § 285 are not automatic.
United States
23 Sep 2019
4
Design Patents At PTAB – Substantially The Same Vs Basically The Same
The PTAB's recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work.
United States
18 Sep 2019
5
ITC Rejects Sofa Design Patent Infringement On Prosecution History Estoppel Grounds
While design patents follow many of the same rules as utility patents, the application of those rules in determining design patent infringement can be less than straightforward.
United States
16 Sep 2019
6
ABPA v. Ford: Design Patent Defenses Run Out Of Gas On Appeal
A U.S. Court of Appeals for the Federal Circuit decision strengthens U.S. design patent protection for replacement parts.
United States
12 Sep 2019
7
325(d) And Printed Publication Issues Doom Petition
The most persuasive IPR petitions offer fresh unpatentability theories never considered before.
United States
12 Sep 2019
8
ABPA v. Ford : Design Patent Defenses Run Out Of Gas On Appeal
A U.S. Court of Appeals for the Federal Circuit decision strengthens U.S. design patent protection for replacement parts.
United States
26 Jul 2019
9
PTAB Flushes Airplane Lavatory Patent On On-Sale Bar
On October 23, 2018, the PTAB found unpatentable B/E Aerospace's U.S. Design Patent No. D764,031 ("'031 patent"). C&D Zodiac, Inc. v. B/E Aerospace, Inc., PGR2017-00019, Paper 37 (PTAB Oct. 23, 2018).
United States
19 Nov 2018
10
SharkNinja Cleans Up Over Dyson
Dyson originally sued SharkNinja for infringement on February 4, 2014, in the U.S. District Court for the Northern District of Illinois.
United States
7 Aug 2018
11
Are Online Videos "Publicly Accessible"?
The decision in HVLP02 LLC v. Oxygen Frog turned on whether or not a YouTube video could qualify as a "printed publication," and therefore constitute prior art for patent purposes.
United States
1 Aug 2018
12
Patent Owner Finds The "Achilles Heel" In Petitioner's Invalidity Theory
Like utility patents, design patent validity can be challenged in inter partes review ("IPR") proceedings.
United States
26 Jul 2018
13
What's In Your "Article Of Manufacture"?
Damages for utility and design patent infringement are generally governed by 35 U.S.C. § 284, which entitles prevailing patentees to compensatory damages that range from reasonable royalties...
United States
6 Jul 2018
14
Jury Dials Up Record-Setting Damages Verdict For Design Patent Infringement
On May 24, 2018, a jury in the U.S. District Court for the Northern District of California awarded Apple over $533 million in damages for Samsung's infringement ...
United States
30 May 2018
15
Unsupported Assertions: Expert's Persuasive Authority Suffers Without Directly Engaging Claim Limitations
An expert asserting that a patent claim reciting different features than the prior art is nonetheless "equivalent" to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive authority.
United States
21 Feb 2018
16
The PTAB Chats Designs: And Now, For Something Completely Different
On February 1, the PTAB held its first "Boardside Chat" of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents.
United States
9 Feb 2018
17
IPR Proceedings: Extrinsic Or Intrinsic Evidence For Claim Construction?
In district courts' claim construction analyses, intrinsic evidence is of paramount importance. Although extrinsic evidence "may be useful to the court...
United States
30 Jan 2018
18
Design Patents At The PTAB?
In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly.
United States
24 Jul 2017
19
Win Or Lose: Appellants Of PTO Decisions In District Court Must Pay Attorneys' Fees
On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court...
United States
5 Jul 2017
20
U.S. Supreme Court Creates Test For Assessing Damages For Design Patent Infringement
Addressing design patents for the first time in over a century, the U.S. Supreme Court in Samsung Electronics Co., Ltd. v. Apple Inc. reversed the Federal Circuit's interpretation of....
United States
8 Dec 2016
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