Sentences with phrase «design patent owners»
Because it is unknown whether design patent rights holders that make false or frivolous complaints could be held liable for such actions, it is strongly encouraged that design patent owners take care with making such complaints under the current system.
https://www.quarles.com/ Not exact matches
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«More cats means more sales of everything cat - related,» notes Maurice Meyerson, vice president of Preferred Merchandising, which offers the Litter Lifter, a range of scoops that feature the company's patented Triangular - Blade design so cat owners don't have to shake out the litter.
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Microsoft has already patented an in - game FAQ system, designed to help struggling Xbox owners complete their games, while Sony is likely to follow suit if and when such ideas prove popular.
Enforcement of a registered industrial design likely would face similar difficulties as enforcing patents, who does the rights owner sue?
The patent owner also noted that its embodiment of the invention was «successful,» and accused the petitioner of copying the patented design, but did not argue that either fact was an objective indication of non-obviousness.
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.
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.
«There already exists a remedy under the Copyright, Designs and Patents Act (section 97A) which grants copyright owners a broad power to apply to the Court for an injunction.
That feature -LSB-...] may appear only during a particular use of the product, on one screen display among hundreds, but the panel's decision could allow the owner of the design patent to receive all profits generated by the product or platform, even if the infringing element was largely insignificant to the user and it was the thousands of other features -LSB-...] that drove the demand generating those profits.»
In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
That's very frustrating, especially with Samsung's latest design patent where something is purposely shown and yet we're left completely in the dark as to what functionality it could possibly bring to future owners.
The rest of the design accommodates all previous patent specs for Google Glass including built - in cellular data connectivity standards so as to allow Google Glass owners to access the web directly without the need of doing so via an Android smartphone.