When is a design patent indefinite?

As design patents grow in popularity due to their cost-effectiveness and strong remedies, recent court rulings have sharpened the focus on how clearly patent drawings must define an invention, setting new boundaries for what constitutes indefiniteness in design patent law. Design patents have experienced increasing popularity in the past decade, with the number of design…

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Standing Rights

Due to the lower threshold required for satisfying constitutional standing, a prospective plaintiff may meet the constitutional standing test but fail the one for statutory standing ALL PATENT INFRINGEMENT lawsuits start with a plaintiff, but the criteria for meeting the threshold standing requirements to make a patent plaintiff eligible to bring and maintain such a…

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Clarifying Standing in Patent Infringement Lawsuits

The Federal Circuit clarified that in patent infringement suits, the key to constitutional standing is the “right to bring suit.” A “bare licensee” with only a promise not to be sued lacks exclusionary rights and cannot sue. A recent court of appeal decision has clarified the requirements for satisfying constitutional standing in order to bring a patent infringement suit. The Intel. Tech., LLC. v. Zebra…

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Designing Damages

In Samsung v. Apple, both determining “apportionment” and properly identifying an “article of manufacture” were key in the Court’s interpretation of the Code For over a century, design patents have enjoyed a distinct advantage over their more popular siblings, utility patents, when it comes to infringement damages recovery. Utility and design patent damages are set forth…

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When Is A Design Patent Invalid For Being Obvious?

When Is A Design Patent Invalid For Being Obvious?

The Federal Circuit Court of Appeal has granted a request for an en banc hearing to determine the proper standard for invalidity of design patents based on obviousness under 35 U.S.C. 103. The expected en banc decision, in LKQ Corp. v. GM Global Technology Operations (LKQ, will be the first en banc decision by the…

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Warhol and Prince: Redefining Fair Use

In a highly consequential decision involving signature works of renowned artist Andy Warhol and photographs of music legend Prince, the U.S. Supreme Court has clarified the long-standing fair use defense to copyright infringement and narrowed the scope of transformative works that qualify as fair use. The decision in Andy Warhol Foundation for the Visual Arts,…

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