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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese...more
As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more
The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more
Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available...more
Judgment Gist - Customary design is a prior design that is well known by the general consumers and can be recalled by the general consumers upon merely mentioning of the product name. When mentioning beauty roller...more
Design protection continues to be a priority for governments around the world. Global design protection is gradually becoming more modern and harmonized. Building on earlier developments, China made progress to implement...more
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
China’s judicial reform continues to deepen, aiming to build a more transparent and effective system. As one of the crucial battle fields for IP right owners across the world, China has also established the IP courts and...more
China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the...more
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more
In April, the Supreme People’s Court of China published a draft for comment for “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases Involving Patent Authorization and...more
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more