First Design Patent Derivation

The USPTO issued the first derivation certificate for a design patent on November 3, 2021, cancelling the claim, finding it derived from another inventor. Six years after implementation of the American Invents Act (AIA), which went…

Promotion of Meera Kamath to Partner

Saidman DesignLaw Group is pleased to announce the promotion of colleague Meera Kamath to partner. Meera joined the firm as an associate in 2014 and was promoted to senior associate in 2020. Meera is a dedicated and experienced IP…

IPR Invalidity Decisions Affirmed

On Tuesday, July 2, 2019, the Court of Appeals for the Federal Circuit affirmed two Inter Partes Review final written decisions which had invalidated two design patents as obvious under 35 U.S.C. 103. The PTAB determined…

THERE’S NO BUSINESS LIKE SHOE BUSINESS!

Jury Awards Plaintiff $3 Million for Design Patent Infringement, Trade Dress Infringement, False Advertising, and Unfair Competition.  Perry J. Saidman In Gavrieli Brands, LLC v. Soto Massini (USA) Corporation, a jury in the federal district court of…

CHALK UP THIS DESIGN PATENT DECISION TO FUNCTIONAL CONFUSION

In Lanyard Toys Limited v. Toys “R” Us (March 21, 2019, MD FL), a district court in the middle district of Florida made a somewhat dysfunctional analysis in finding that Lanyard’s U.S. Pat. No. D671,167 was not infringed by…

The Federal Circuit Perpetuates the Illogic of Samsung v. Apple

In Advantek Mktg., Inc. v. Shanghai Walk-Long Tools Co., 898 F.3d 1210 (Fed. Cir. 2018), the U.S. Court of Appeals for the Federal Circuit reinforced portions of the Supreme Court’s decision in Samsung Elecs. Co. v. Apple Inc.,…