For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc....more
On July 23, 2019, the U.S. Court of Appeals for the Federal Circuit released its decision affirming summary judgment that the asserted design patents were not invalid for non-ornamentality under 35 U.S.C. ยง 171, and rejecting...more
7/30/2019
/ Appeals ,
Auto Parts ,
Automotive Industry ,
Design Patent ,
Ford Motor ,
Functionality ,
Ornamental Design ,
Patent Exhaustion ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prosecution History Estoppel ,
Summary Judgment
This win is one of the most significant in U.S. history for a design patent case.
Vacuum and appliance manufacturer Dyson voluntarily dismissed its appeal to the U.S. Court of Appeals for the Federal Circuit on July 30,...more
In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly. But practitioners may not appreciate that design patent validity can be attacked...more