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Protecting Designs Blog

Articles: 1-10 of 31

Design Patents, PGR, and Functionality - the USPTO’s Sattler Decision

USA - July 9 2020 Design patents cover the ornamental design for articles of manufacture. Almost by definition, an article of manufacture is designed to perform a…

Columbia Sportswear v. Seirus Innovative Accessories

USA - November 25 2019 Last week, the U.S. Court of Appeals for the Federal Circuit ("CAFC") issued an opinion in (No. 2018-1329, 2018-1331 and 2018-1728) (Nov. 13, 2019)…

Design Patents Remain a Valuable Part of a Patent Portfolio after Samsung v. Apple

USA - February 2 2017 On December 6, 2016, the U.S. Supreme Court issued its long awaited opinion addressing the issue of whether design patent owners were always entitled…

Justices Seem Unsatisfied With Design Patent Damages Tests

USA - October 17 2016 The U.S. Supreme Court heard oral arguments in Samsung Electronics Co., Ltd. v. Apple, Inc. on Oct. 11, as to the following question presented in…

ITC Terminates Design Patent-Based 337 Investigation

USA - September 2 2016 Print The International Trade Commission (ITC) recently terminated a Section 337 investigation, Certain Quartz Slabs and Portions Thereof (II) (Inv…

Samsung Files Brief In U.S. Supreme Court Regarding Apple Decision

USA - June 29 2016 Samsung filed a brief in the U.S. Supreme Court on June 1, 2016 in response to the Court's grant of a petition for a writ of certiorari filed in…

BMW Group Files Suit Against TurboSquid

USA - May 9 2016 Bayerische Motoren Werke AG, BMW of North America, LLC, Rolls-Royce Motor Cars Limited, and Rolls-Royce Motor Cars NA, LLC (collectively "BMW Group")…

Recap of USPTO's Design Day 2016

USA - April 26 2016 The USPTO's Design Day 2016, held April 19th, started off with a welcoming address from the Commissioner for Patents, Andrew Hirshfeld. Commissioner…

USPTO Publishes Request for Comments on (and Examples Addressing) the Application of the Written Description Requirement to Specific Situations in Design Applications

USA - April 15 2016 On April 15, 2016, the U.S. Patent and Trademark Office (“USPTO”) published a Request for Comments on the Application of the Written Description…

Oakley Files Suit Against Treasure Franchise Company

USA - April 11 2016 Oakley, Inc. ("Oakley") filed suit against Treasure Franchise Company, LLC ("Defendant") on March 29, 2016 in the United States District Court for…