Tag Archive for design patents

Jury Decides Icon Patents Should Award Profits On Entire Phone

Yesterday, after almost four days of deliberation, the Apple v. Samsung jury decided Samsung owed Apple over $500 million of Samsung’s profits.   Faced with an artificial and unsound test, the jurors struggled to understand just what they were supposed to do. Ultimately, the jurors awarded Apple profits on the entire Samsung device for Apple’s…

Smartphones, Diapers, and Design Patents

Apple v. Samsung is obviously about high tech smartphones.  Other recent design patent cases have focused on high tech products as well—both the Nikola v. Tesla case Patent Progress covered recently and the Microsoft v. Corel case that Prof. Sarah Burstein described over on Patently-O deal with high tech products. But the basic issue with…

Did You Buy Your Car Just Because Of The Cup Holder?

Opening arguments in Apple v. Samsung started this morning.  While round six of the long-running case deals with smartphone patents, the potential impacts range much further.  As I noted in my post yesterday, a rule of design patent damages that allows patentees to receive the total profits on the entire product even though the design…

Apple v. Samsung, Round Six

A district court trial.  A retrial, after part of the verdict was vacated.  An appeal to the Federal Circuit.  A Supreme Court opinion with a remand to the Federal Circuit.  A remand from the Federal Circuit back to the district court.  Seven years after Apple originally filed suit against Samsung, we’re right back in Judge…

Nikola v. Tesla Illustrates Danger Of Overreaching With Design Patents

Last week, Nikola sued Tesla over advanced technology trucks.  But it isn’t about the technology. It’s not AC vs. DC or Edison vs. Tesla.  It isn’t even about electric vehicles (or hydrogen-electric trucks, Nikola’s chosen technology). It’s about the shapes of windshields and doors.  It’s about design patents. And Nikola got it all wrong. A…

Courts Will Swipe Left On Tinder’s Suit Against Bumble

Tinder swiped right on a lawsuit against Bumble last week, but their lawsuit has more than just surface flaws.  Tinder’s lawsuit alleges a number of forms of intellectual property violations—but basically, it comes down to claiming that they own the idea and the design of swiping, especially for a dating app. A Brief History Of…

New Trial On Design Patent Damages, But A Flawed Test

In the long-running Apple v. Samsung dispute, which has now gone from the trial court to the Federal Circuit to an en banc opinion to the Supreme Court and then back to the Federal Circuit and finally back to the trial court, Judge Koh has granted a new trial on the issue of damages for…

On Tacos

The taco. Whether you like ground beef with cheese and lettuce or chorizo with cilantro and onion, I’d be willing to bet that you probably like some kind of taco.  And (fortunately, or maybe unfortunately for our waistlines) no one owns a patent on the taco. Now, taco plates?  That’s another story. D574187 D574,187 is…