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.,…

FEDERAL CIRCUIT ALLOWS DESIGN PATENT WITH ONLY ONE DRAWING FIGURE

Golden Opportunity for Design Patentees to Obtain Broader Protection by Perry Saidman Design patentees have finally caught a break. The U.S. Court of Appeals for the Federal Circuit in in re Maatita (No. 2017-2037, August 20, 2018)…

Design Law Week

Saidman DesignLaw Group partners Perry Saidman and George Raynal participated in multiple design law activities that took place April 23 – 26, 2018 in Arlington and Alexandria VA. The activities included the first-ever Design Law Boot…

USPTO Revised Fee Schedule to Become Effective January 16, 2018

In accordance with Section 10 of the Leahy-Smith America Invents Act (AIA), the United States Patent and Trademark Office (USPTO) finalized a revised patent fee schedule that will take effect on January 16, 2018.  The last major…

Determining the “Article of Manufacture” Under 35 U.S.C. 289

by Perry Saidman, Elizabeth Ferrill, Damon Neagle and Tracy Durkin The Supreme Court handed down its decision in the design patent case of Samsung v. Apple in December, 2016.  The case involved interpretation of 35 U.S.C. 289…