But the other extreme would mean that a device maker could be liable for several times or even many times the profits (because each of multiple
asserted design patents would on its own entitle its owner to a disgorgement of total profits), which underscores how little sense the absence of any apportionment makes in this world, no matter how reasonable it may have appeared to Congress in the late 19th century when design patents related to no - tech products like carpets.
However, due to the continued and increasing strength of design patent rights globally, and the emerging mechanisms being offered by e-commerce platforms as an aim to enforce design rights, many corporations facing counterfeit issues stand to benefit from the ability to more easily and cost effectively
assert design patent rights against infringers.
Not exact matches
in relation to the site you are currently navigating and its associated pages are
asserted under the Copyright,
Designs and
Patents Act 1988, Directive 2001 / 29 / EC of 2001, Directive 96 / 9 / EC of 1996, the Copyright and Rights in Database Regulations 1997 and the Council Directive 91 / 250 / EEC on the legal protection of computer programs.
- Unless otherwise specified, each author of Material on the Site has
asserted his / her moral right pursuant to Section 77 of the Copyright
Designs and
Patents Act 1988 to be identified as the author thereof.
It's clear that Apple is determined to
assert its different intellectual property rights — hardware
patents, software
patents, and
design - related rights — against Android device makers.
Indefiniteness is an invalidity theory, but it's one for the court, not the jury, to decide, which is why Samsung's related motion attacking four Apple
patents (the
asserted claim of one software
patent, and four
design patents) is technically a separate motion from its JMOL («overrule the jury») motion.
Rights can be
asserted by way of registered trade marks,
patents and registered
designs, as well as rights that arise automatically such as copyright, unregistered
design rights and passing off.
In its original complaint filed in July 2011, Apple had
asserted five utility (technical)
patents and two
design patents.
Since 2005, there have been, on average, about cases 56 per quarter (or about 225 per year) in which at least one
design patent has been
asserted.
As a result of online e-commerce marketplaces, such as Amazon, eBay, and Alibaba, beginning to enforce
design patent rights
asserted by
design patent holders without the benefit of any type of judicial or administrative review, allegedly infringing products are being taken down from the online marketplace without formally engaging in
design patent claim construction.