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USPTO Creates Design Patent Practitioner Bar

The USPTO has finalized plans to create a design patent practitioner bar, which will expand who is allowed to practice before the USPTO. The agency published a final rule in the Nov. 16 Federal Register making the change...more

11/17/2023  /  Design Patent , Final Rules , Patents , USPTO

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

Trade Dress Rights Asserted in Chandelier Cloud Configuration

A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its “most prominent and coveted products”; namely, a frosted glass orb chandelier. According to the complaint filed August 8, 2023,...more

Kohler Lets Design Patent Infringement Charges Flow in New Complaint

Kohler Co. v. Sweethome d/b/a Sweethome247.com, Case No. 2:23-cv-06889 (C.D. California, Aug. 22, 2023) - The Kohler Co. is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based...more

Court of Appeals to Debate Whether Design Patent Obviousness Test Contradicts Current Utility Patent Precedent

LKQ Corporation, Keystone Automotive Industries, Inc. v. GM Global Technology Operations, LLC, Case No. 21-2348 (U.S. Court of Appeals for the Federal Circuit, June 30, 2023) - The Court of Appeals for the Federal Circuit...more

Federal Circuit Limits Design Patents to Identified Article of Manufacture

On September 12, 2019, the Court of Appeals for the Federal Circuit affirmed a district court’s dismissal under Rule 12(b)(6) of a design patent infringement case using the title and claim to limit the claimed design to a...more

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

On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the...more

No Time to Relax for Inflatable Lounger Companies

With their newly issued design patent in hand, Fatboy the Original B.V. and Fatboy USA have quickly acted to defend their place on the sand. ...more

Is "New Vintage" On the Way Out?

The furniture business is constantly evolving. New trends come and go. Some stick around for a while, and some burn bright for what constitutes a fleeting second in the industry. The New Times reports that "New Vintage" is...more

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