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Captain Morgan sued for beverage packaging design infringement

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 31 2012

American Beverage Corp. (ABC) and Pouch Pac Innovations filed suit against Diageo and its subsidiary, the Captain Morgan Co., in the Western District of Pennsylvania alleging, inter alia, design patent infringement

The pre-critical date claims at issue in Thompson v. Hamilton

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 16 2012

Pioneer Hi-Bred International, Inc. v, Monsanto Technology LLC, 671 F.3d 1324, 1328, 101 USPQ2d 1849, 1852 (Fed. Cir. 2012)(opinion by Senior Circuit Judge Clevenger for a panel that also consisted of Circuit Judges Prost and Reyna)(hereinafter referred to as “Pioneer”), held that “multiple pre-critical date claims, considered together, can provide the foundation necessary for post-critical date claims to be held timely under 35 USC 135(b)(1).”

Dyson files suit to enforce design and utility patents for its bladeless fan

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 4 2012

Dyson, Inc. filed suit against Cornucopia Products in the District of Arizona to enforce design and utility patents directed to a bladeless fan

Digest of new and closed design patent cases from April 9-20, 2012

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 24 2012

Wal-Mart and Oakley were among the parties to 8 newly-filed cases and 5 closed cases involving design patents during the two-week period of April 9-20, 2012

Digest of new and closed design patent cases from Mar. 19 to April 6, 2012

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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April 11 2012

In light of the positive response we received from our earlier Design Patent Digest post, we decided to post another

Digest of new and closed design patent cases from Feb. 6 to Mar. 16, 2012

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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March 16 2012

We have found it helpful, and interesting, to track newly filed and closed design patent cases on a weekly basis

Oakley drops utility patent claims and proceeds with design claim following Markman hearing; court declines to construe the design claim

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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March 12 2012

On March 5, 2012, Oakley entered into a Covenant Not to Sue either Predator Outdoor Products or Hunter Specialties under U.S. utility patent 5,387,949 (“the ‘949 patent”

Lindby Custom successfully enforces a design for motorcycle parts, but would the proposed parts legislation have affected the court’s ruling?

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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February 22 2012

On February 15, 2012, the U.S. District Court for the Central District of California entered Default Judgment in the matter of Lindby Custom, Inc. v. AMI Group (case no. 8:10-cv-01779

Oakley concludes one successful enforcement suit and continues another

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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February 16 2012

On February 9, 2012, Oakley, Inc., concluded a successful suit to enforce eyeglass utility and design patents in the U.S. District Court for the Southern District of California

NIKE files a complaint alleging footwear design infringement

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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February 10 2012

NIKE, Inc. filed a complaint against QiLoo International Limited, a Chinese company, on February 6, 2012 (case number 2:2012-cv-00191 in the U.S. District Court for the District of Nevada), alleging infringement of 23 U.S. design patents, listed below

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