Sentences with phrase «of design patents»

The first question is about properly defining the scope of a design patent.

And so could potentially thousands of design patent holders, driving even the healthiest company into bankruptcy in such a scenario.

His ultimate dream is to hold a bunch of design patents which keeps him motivated to thrive for self - improvement.

It looks (also based on the jury's approach to damages) like the jury decided the trade dress part like it was just an enhancement of design patents.

This month's stupid patent, a design patent, shows just how broken the current system of design patents is.

It should be noted that the latter image isn't officially a part of the design patent.

The Forbes piece and other coverage of the shapewear dispute link it to another recent high - profile case that illustrates the potential for design patent enforcement in the fashion industry: the lawsuit brought last fall by yoga - wear company Lululemon Athletica against Calvin Klein over alleged infringement of design patents for Lululemon's «Astro Pant.»

Continue reading «Apple Wins a Series of Design Patents in Europe Covering AirPower, iPhone X Glass Covers, Leather Folio & more»»

For the last 5 years our main site Patently Apple has covered Apple's new design patents week - in an week - out and never once was there a misplaced patent from another company within the list of design patents for any particular week.

The ruling in this case, while limited to the question of damages, is critically important to the future of design patents in general, said Alexander Poltorak, CEO of General Patent.

Samsung was awarded a great number of design patents covering everything from a series of washing machines to dishwashers to toner cartridges.

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.

The scope of design patent damages law has been criticized as too broad, according to Christopher Rourk, a partner at Jackson Walker.

Matt Levy, the CCIA's former patent counsel (in which capacity he was really a thought leader with respect to «article of manufacture» as the key determination to be made in connection with an otherwise - unapportioned disgorgement of design patent infringer's profits) and now a consultant;

If the Supreme Court had allowed the Federal Circuit's statutory interpretation with respect to a disgorgement of a design patent infringer's unapportioned profits to stand, the consequences would have been really bad.

In this retrial, a win for Apple would mean that hundreds of design patent owners could put forward very large lawsuits for all sorts of product components that are expensive to produce.

In a 8 - 0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant's «total profits» from the article of manufacture that contains the patented design, which may only be one component of a commercial product, rather than...

While the number of design patents issued annually across all industries has increased only incrementally over the past decade — cumulatively, about 26 % — tech design patents have shot through the roof.

Since 2008, Federal Circuit has been paving the way for increased enforcement of design patents, thereby increasing their value.

Clients may decide that their portfolios should include a mix of design patents of different scope to maximize their ability to collect damages from infringing competitors.

But as Nokia's name returns to the stage, there's been some attention to a renewed partnership with optics manufacturer Zeiss and a transfer of design patents from Microsoft that cover, among many other things, the user interface featured on the beloved Lumia Camera app for Windows Phone.

Apple also notes that Oklahoma Associate Professor of Law Sarah Burstein, who had supported Samsung before the Federal Circuit with respect to design patent damages, decided not to sign her colleagues» Supreme Court brief because she fundamentally disagrees on the question of design patent claim construction (as she made clear in this PatentlyO guest post Apple also points the Supreme Court to).

Apple surely are having a hard look of the device to make sure the popular 10 inch Android tablet stays clear of its design patents while we do the same here too with help of NewGadgets.de who have got hold of the Samsung tablet to find out just what makes the the versions different.

The key question of the value of design patents rallied Samsung supporters in the tech sector, and Apple backers in the creative and design communities.

Even Samsung's own expert witnesses gave testimony that allowed the court to infer that they had understood the scope of those design patents quite well (for example, if someone says a patent is obvious, he must understand the patent in the first place).

The fastest growing segment of design patent filings is in the UX / UI space.

It's obviously impossible that each of a plurality of design patents could on its own be the sole driver for demand.

The economy at large and society at large stand to lose from overcompensation of design patent holders.

It also suggests that the question of causation can not simply be kept out of the design patent damages analysis the way the Federal Circuit and Judge Koh did.

Supreme Court Addresses Design Patent Damages for First Time in 120 Years: New Era of Design Patent Damages Dawn

But in practical terms, I guess it wouldn't make (or have made) sense for Samsung to ask the top U.S. court to take a look at this matter while Samsung is trying to get the Supreme Court interested in a couple of design patent issues.

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).

Its iPhone design defined smartphone style, and its vigorous defense of its design patents has led to such judgments as a $ 1 billion verdict against Samsung for patent violation in 2012.

Another round of design patents also reveal new camera phone designs from Samsung with removable backside modules.

The pen or stylus is the focus of the design patent though they're clearly envisioning it working with a newly styled smartphone with slight finger grooving down the side to give users a better grip of the display while writing, taking orders or drawing.

Samsung was granted a new series of design patents yesterday with a number of them being very interesting designs indeed.

Two particular areas of the design patents show us magnified areas without any explanation as to what Google is highlighting.

Microsoft has been granted a series of design patents related to their new Surface Tablet.

Chip Lutton, former Chief Patent Counsel at Apple Computer (2001 - 2011), in his enlightening talk at Berkeley Law on September 25, 2012, also agreed that the importance of designs patents is on the rise after the Apple v. Samsung decision.

The United States Patent and Trademark Office (USPTO) approved a selection of design patents pertaining to three mysterious products on Tues...

Additionally, they point out Samsung has a «fundamental misunderstanding of design patents,» and that the «totality of the circumstances» that the Korean company proposes as a test for originality is lackluster.

Citing a violation of design patents, the Beijing Intellectual Property Office has ordered Apple to halt sales of its latest iPhone models on the territory of the city, Bloomberg reports.

Bob has additionally prepared and filed hundreds of design patents that protect the ornamental appearance of a product, independent of the product's functional aspects.

In a 8 - 0 ruling, the U.S. Supreme Court ruled that damages for infringement of design patents under 35 U.S.C. § 289 can be limited to the defendant's «total profits» from the article of manufacture that contains the patented design, which may only be one component of a commercial product, rather than the entire product.

Apple's aggressive enforcement of design patents could certainly be repeated by others in the industry.