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McDermott Will & Emery | USA | 3 Nov 2022

Heads Up: Defendants Deserve Fair Notice of Preliminary Injunctions

In one of two concurrent opinions concerning the same design patent case, the US Court of Appeals for the Federal Circuit vacated a district court’s…
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McDermott Will & Emery | USA | 3 Nov 2022

Ordinary Observer Conducts Product-by-Product Analysis in View of Prior Art

In one of two concurrent opinions concerning the same design patent case, the US Court of Appeals for the Federal Circuit vacated a district court’s…
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Wanhuida Intellectual Property | China | 3 Oct 2022

Creating consistency across civil and invalidity action involving same design patent

In China, design patent infringement litigation often proceeds in parallel with the counteraction – an invalidity proceeding instituted by the defendant challenging the validity of the design patent at issue. Since civil litigation and invalidity proceedings fall within the remit of the judiciary and the China National Intellectual Property Administration, respectively, this could give rise......
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Harris Bricken | China | 11 Sep 2022

China Co-Development and Design Patents

This post is on the really bad things that can happen — and incredibly often do happen — when foreign companies develop a product with their Chinese…
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OMC Abogados & Consultores | Peru | 15 Aug 2022

Design rights in Peru: introduction

Design rights protect the particular appearance of a product and confer to the owner the exclusive rights to an industrial design against third parties. This article provides an introduction to design rights in Peru, including the scope of what design rights can cover, the procedure to register a design right and what measures are available to the owner of a design right that has been infringed.
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Kangxin Partners PC | China | 12 Aug 2022

浅析图形用户界面的申请策略

目前,对于电子产品而言,图形用户界面(简称GUI)能够直观地反映产品功能,方便用户进行操作,并且能够通过不同的呈现方式…
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Wanhuida Intellectual Property | China | 1 Aug 2022

Fighting against bad-faith design patent filings in China

In China, since design patent applications do not go through substantive examination, a design filing will proceed to grant as long as it satisfies the formalities set by the China National Intellectual Property Administration. Rights holders that have not proactively registered a design patent for their products in China could face the dilemma of whether to take legal action against an......
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Wanhuida Intellectual Property | China | 13 Jun 2022

Patentee leverages pre-suit mediation procedure to settle design infringement in China

In October 2021, it came to the attention of a lighting company that an English website owned by a Chinese company was offering a ceiling lamp that was almost an exact copy of its Chinese design patent. In light of the heavy workload of the courts and the strong evidence of infringement, the patentee agreed to pre-litigation mediation. It took only four months to settle the dispute,......
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Saidman DesignLaw Group | USA | 10 Jun 2022

First Design Patent Derivation

Six years after implementation of the American Invents Act (AIA), which went into effect on March 16, 2013, changing the U.S. patent system from…
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Loeb & Loeb LLP | USA | 6 Jun 2022

A Look Ahead: Foreign Infringement of Goods

E-commerce sites and other online platforms have long been a staple of consumer shopping habits, and the pandemic has continued to drive more…
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