Posts in Design Patents


Infringer Profits in Design Patent Cases

In the calculation of design patent infringer profits, two key issues are the definition of the article of manufacture and the methodology for calculating total infringer profits... …
By Mark Pedigo
1 year ago 0

Intellectual Property Rights in UK Law

There are several different forms of intellectual property rights available in the United Kingdom, each with its own formality, level of protection, and duration period. It is …
By Gemma Trencher
2 years ago 2

Federal Circuit remands Apple v. Samsung design patent case to Judge Koh in Northern California

Apple requested that the Federal Circuit keep the case and the panel review the decision in light of the Supreme Court's ruling, while Samsung requested that the …
By Gene Quinn
2 years ago 7

Other Barks & Bites for Wednesday, February 8th, 2017

Kylie Minogue reports victory in a trademark opposition filed against Kylie Jenner, but the electronic records of the U.S. Patent and Trademark Office are cause for …
By Steve Brachmann
2 years ago 1

Other Barks & Bites for Wednesday, February 1st, 2017

This week, a patent battle between two American tech giants expands its scope to China, patents covering a well-known multiple sclerosis treatment were invalidated in U.S. …
By Steve Brachmann
2 years ago 1

Changed Standard for Design Patent Damages Means More Design Patents Necessary

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design …
By Matt Scyoc & Gene Quinn
2 years ago 0

The Year in Patents: The Top 10 Patent Stories from 2016

To come up with the list below I’ve reviewed all of our patent articles, and have come up with these top 10 patent stories for 2016. They appear …
By Gene Quinn
2 years ago 7

Supreme Court: Term ‘article of manufacture’ encompasses both a product sold to a consumer and a component of that product

The relatively short opinion by Supreme Court standards – just over eight pages – puts it simply: “The text resolves this case. The term ‘article of manufacture,’ as used …
By John M. Rogitz
2 years ago 2

Supreme Court overturns $400 million Apple verdict against Samsung in smartphone design patent infringement case

On Tuesday, December 6, 2016, the U.S. Supreme Court issued a decision in Samsung Electronics Co. v. Apple which found by a unanimous 8-0 vote that a damages …

A Patent Year in Review: Looking back on 2016, Forecasting for 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter on 2016 and to look ahead toward 2017. …
By Gene Quinn
2 years ago 1

Lex Machina releases data on design patent litigation showing strong correlation with trademark infringement actions

There has not been a single quarter in which more than 82 lawsuits involving allegations of infringing at least one design patent have been filed in U.S. …
By Steve Brachmann
2 years ago 0

Common sense by design: Form, function and the way forward as charted by the Supreme Court

The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on …
By Professor Daryl Lim
2 years ago 4

FREE WEBINAR: Samsung v. Apple: Is a single patent infringement worth all the profit?

On Thursday, October 20, 2016, from 2pm to 3pm ET, Gene Quinn will host a free webinar discussion that will explore the genesis of the patent battle between Apple …
By Gene Quinn
2 years ago 0

Supreme Court skeptical of Apple, hears oral arguments in Samsung v. Apple design patent case

Much of the court’s line of questioning at times sought answers to whether a standard could be applied in a design patent infringement case in such …
By Steve Brachmann
2 years ago 12

Design Patents: The Under Utilized and Overlooked Patent

Typically an inventor wants to protect the function of the invention when at all possible. But what if you cannot get a utility patent because the underlying …
By Gene Quinn
2 years ago 3