Sentences with phrase «design patent cases»

The Supreme Court issued a good decision cutting back on out of control damages in design patent cases.

Fig. 5: Resolutions: design patent cases vs other (excluding default and consent judgments), cases filed 2012 - 2016 Q3

Similarly, the list of top districts for design patent cases feature the Central District of California as the leader (as it is in trademark cases) rather than the familiar Eastern District of Texas (which appears in 9th place and has had less than 3 % of design patent cases since 2012).

In design patent cases an appropriate instruction should be given if requested.

The decision is likely to provide a platform for the Federal Circuit to limit available damages in design patent cases involving complex products, such as where an infringed patent covers design elements present only in individual components of the product.

With more than 30 patent litigators, we have tried utility and design patent cases in well - known federal patent venues in California, Texas, Illinois, New York, Virginia, New Jersey, and Delaware, and in many other jurisdictions.

I didn't disagree with the 2012 jury's verdict (apart from validity and the fact that I would have actually seen a stronger design patent case in connection with tablets than with smartphones, as Judge Koh did in her preliminary injunction decision as well) nearly as much as with its approach.

Theoretically, claim construction could have had a devastating impact on Apple's design patent case (because it could have resulted in findings of invalidity and / or non-infringement).

Before the jury verdict came down, Judge Koh (in a preliminary injunction ruling last year) and many observers (including me) thought that Apple had a stronger case with its tablet design patent, while the smartphone design patent case looked like a closer call.

I would argue that the combination of these two outcomes related to design patents doesn't make sense, but Apple's smartphone design patent case is strong enough that a jury can find that way, and the tablet design patent case is so strong that Apple may very well get the jury overruled either by Judge Koh or on appeal.

The SCOTUSblog has published Samsung's reply brief in support of its petition for writ of certiorari (request for Supreme Court review) in Apple's design patents case.

Though the U.S. Supreme Court has not heard a design patent case since 1871 — that one involved the ornamentation on some pre-Civil War silver flatware handles — it might be time for a fresh look.

«The last design patent case that the Supreme Court took up was in 1877,» Poltorak told the E-Commerce Times.

Not exact matches

The case rests on an increasingly vital set of assets: design patents.

In October, the iPad maker lost an appeal against Samsung in a U.K. case over design patents.

When dealing with any investors — but particularly in the case of potential customers or competitors — always make sure they sign a well - designed confidentiality agreement, especially if you talk to them before the patent is published.

And Apple's case relies entirely on an overly - broad interpretation of its three design patents.

Also, given Samsung's recent spate of court battles with Apple over cases of infringement of the iPad's design patents, the Samsung design team will work doubly hard to ensure their next tablet is discussed more in tech circles and markets than various courts the world over.

The latter is interesting in that the case features a unique rotating design that will allow users to «position the tablet at multiple viewing angles in both landscape and portrait modes without removing the tablet from the case,» the patent for which is still pending.

Apple has been accusing Samsung of having infringed in its design and tech patents though interestingly, it has failed to get an injunction on the sale of Samsung tablet in its own home country while having already achieved that in all cases everywhere.

Apple has had the last two weeks to be on the offense and present their case against Samsung which, they claim, has infringed upon multiple patents of theirs which includes the design of the iPhone and iPad, and has also led them to lose Billions of dollars because of it.

Jurors return to a Silicon Valley courtroom Monday to put a price on patented iPhone design features copied by Samsung in a legal case dating back seven years.

The three design patents in the case apply to the shape of the iPhone's black screen with rounded edges and a bezel, and the rows of colorful icons displayed.

The plaintiff in the case, Yigal Mesika, announced that the defendant is barred from selling products that incorporate his patented design elements, unless he either removes all infringing design elements or pays an agreed - upon royalty payment for each such use.

Work highlights Vacated a $ 930 million patent infringement award for Samsung Electronics against Apple in a high - profile design - patent case before the Supreme Court.

Meanwhile, Judge Koh has handed down an appealable final judgment in that first California Apple v. Samsung case, the parties appealed, and Samsung has already filed its opening brief with the Federal Circuit (the part concerning design patent damages — the bulk of the billion - dollar verdict, or «$ 929 million verdict» after a limited damages retrial, to be precise — has significant support in the U.S. legal community).

Magistrate Judge Grewal denied certain Samsung motions related to Apple expert reports on the alleged infringement of the» 381 patent, tbe alleged invalidity of the» 711 patent, the alleged non-infringement of the» 711 patent, an expert report on damages, an expert report on the importance of design to consumers (a cornerstone of Apple's argument in this case), and certain trade dress claims.

That decision will be much more important since the software patents at issue in that case are potentially much broader than the iPad design patent and allegedly cover techniques that are found in many other products (other Samsung products as well as third - party products).

Design patent disputes can just be settled case by case (for example, with the alleged infringer agreeing to make certain modifications).

al., Case No. 09 - 1763 (C.D. California 2010): Counsel for plaintiff Magnadyne in a patent infringement action involving the design of cellular phone chargers.

«Suing With the Stars: The Trump - Maher Feud and Other Celebrity Lawsuits Main Will Spanx Case Make Design Patents a Fashion Trend?»

The escalating patent battle between shapewear makers Spanx and Yummie Tummie over body - slimming camisoles has sparked discussion about what it and similar cases may mean for the future of design patents in the fashion industry.

Just as the Apple - Samsung case put a spotlight on design patents in the technology industry, Forbes» Clare O'Connor writes, the shapewear battle could help the fashion world realize the potential for design patents as a tool for intellectual property protection.

Instead, the very first paragraph of the introductory section stresses that the case law surrounding U.S. design patents needs to be adjusted in the 21st century because of how products have changed since the late 19th century:

The brief shows that Apple itself holds various design patents related to the iPhone — casing - related ones, icon - related ones, screen layout - related ones.

Late nineteenth - century [Supreme Court] cases considered design patents on such products as a spoon handle [1871], a carpet [188], a saddle [1893], and a rug [1894].

She has also litigated design patent and copyright infringement cases in such diverse areas as architectural building designs, automotive parts and consumer products.

«Reining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals» proposes that injunctions be unavailable over FRAND - pledged SEPs, advocates apportionment of the disgorgement of an infringer's profits that a design patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid jPatent Litigation: Three (Increasingly Immodest) Proposals» proposes that injunctions be unavailable over FRAND - pledged SEPs, advocates apportionment of the disgorgement of an infringer's profits that a design patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid jpatent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid jpatent cases» it might be preferable to avoid juries.

'' [The Supreme Court] has decided many utility - patent cases in recent terms, but has not reviewed a design - patent case in more than 120 years.

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He has been involved successfully in a number of high profile patent, design and trade mark cases.

«Will Spanx Case Make Design Patents a Fashion Trend?

As a result, the Court vacated a $ 399 Million damage award against Samsung Electronics Co. in a lawsuit alleging infringement of design patents covering features of Apple, Inc.'s iPhone smartphones and sent the case back to the Federal Circuit Court of Appeal for further analysis.

Apple owns three design patents at issue in the case.

Jennifer has experience prosecuting difficult and non-traditional patent and industrial design cases, including patents for business method and software inventions and industrial designs for computer icons.

While this decision does not affect design patent damages based on the patent owner's lost profits or a reasonable royalty, it is likely to limit the desirability of seeking the infringer's profits under 35 U.S.C. § 289 in some cases, primarily those involving designs on portions of products.

The appeals court affirmed the district court, distinguishing prior cases awarding design patent damages for components by noting that the components in earlier cases were sold separately and considered separate products.

Mr. Duan explained that design patent litigation isn't nearly as widespread as software patent litigation, but depending on what happens in Apple v. Samsung and other design patent damages cases, design patents could give rise to many lawsuits by patent trolls in the not too distant future.

It has trademark, patent, design and domain name cases from some 2,660 courts worldwide.

In the latest US case, the jury decided that some, but not all, Samsung products infringed Apple's utility and design patents.