Tag: design patents

New Bill May Lead To Overly Aggressive Blocking Of Goods At Border

A new bill, introduced by Sens. Coons, Tillis, Hirono, and Cassidy, would give Customs and Border Protection (CBP) officers the authority to seize goods at the border if they involve design patent vio...

Curver v. Home Expressions Advances Design Patent Law

In today’s Curver v. Home Expressions decision, the Federal Circuit resolved several outstanding questions regarding design patents.  In particular, the Federal Circuit rejected the notion that...

Comments from Samsung Jurors Drive Home The Flaws In Design Patents

A few weeks back, I outlined some of the problems created when design patent law is interpreted in negative ways.  One particular issue? The negative incentives created if the article of manufacture ...

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 jur...

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 recentl...

Icon Patents Shouldn’t Entitle The Patent Owner To Profits On The Whole Device

An important part of the Apple v. Samsung trial is about the exterior casing design patents.  But those aren’t the only design patents at issue—the other design patent in the case covers a colorf...

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 ...

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 Fede...

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-el...

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