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Design Patent

U.S. District Court, Northern District of California
Uncategorized

Deckers v. Last Brand (Quince) — Court Bars Reasonable Royalty Damages Theory and Willful Infringement Evidence in UGG Design Patent Trial

A Northern District of California judge barred both parties from presenting reasonable royalty damages or willful infringement evidence at an upcoming UGG design patent trial, applying judicial estoppel to prevent Quince from advancing a damages theory it had previously blocked Deckers from pursuing

Uncategorized

Deckers v. Last Brand (Quince) — Court Bars Reasonable Royalty Damages Theory and Willful Infringement Evidence in UGG Design Patent Trial

A Northern District of California judge barred both parties from presenting reasonable royalty damages or willful infringement evidence at an upcoming UGG design patent trial, applying judicial estoppel to prevent Quince from advancing a damages theory it had previously blocked Deckers from pursuing

Federal Circuit
Uncategorized

Columbia Sportswear v. Seirus — Federal Circuit Rules Design Patent Comparison Prior Art Must Match the Same Article of Manufacture

In a precedent-setting design patent case, the Federal Circuit held that comparison prior art used to defend against infringement must be drawn from the same article of manufacture claimed in the design patent — prior art from a different type of product cannot be used to confuse the ordinary observ

Uncategorized

Columbia Sportswear v. Seirus — Federal Circuit Rules Design Patent Comparison Prior Art Must Match the Same Article of Manufacture

In a precedent-setting design patent case, the Federal Circuit held that comparison prior art used to defend against infringement must be drawn from the same article of manufacture claimed in the design patent — prior art from a different type of product cannot be used to confuse the ordinary observ

Federal Circuit
Uncategorized

Mosaic Brands, Inc. v. Ridge Wallet LLC — Federal Circuit Clarifies Summary Judgment Burdens in Patent Anticipation and Trade Dress Disputes

The Federal Circuit reversed a summary judgment of patent invalidity for anticipation, finding genuine disputes about whether the alleged prior art product predated the patent’s critical date, and separately affirmed that Mosaic’s claimed trade dress was invalid as functional.

Federal Circuit
Uncategorized

ABC Corp. I v. Partnership & Unincorporated Associations — Federal Circuit Vacates Hoverboard Design Patent Injunctions for Inadequate Infringement Analysis

The Federal Circuit issued two precedential opinions vacating preliminary injunctions in hoverboard design patent cases, holding that courts must conduct product-by-product infringement analysis under the ordinary observer test and properly account for prior art when evaluating likelihood of success

Uncategorized

ABC Corp. I v. Partnership & Unincorporated Associations — Federal Circuit Vacates Hoverboard Design Patent Injunctions for Inadequate Infringement Analysis

The Federal Circuit issued two precedential opinions vacating preliminary injunctions in hoverboard design patent cases, holding that courts must conduct product-by-product infringement analysis under the ordinary observer test and properly account for prior art when evaluating likelihood of success

Federal Circuit
Uncategorized

Apple v. Samsung Design Patent Damages — Federal Circuit 2017 Remand Sends Article-of-Manufacture Question Back to District Court

On remand from the Supreme Court’s Samsung v. Apple decision, the Federal Circuit declined to define the legal test for identifying the ‘article of manufacture’ in design patent damages and instead sent the case back to the district court to resolve the issue in the first instance

Federal Circuit
Uncategorized

Apple v. Samsung — Federal Circuit Affirms $930M Design and Utility Patent Verdict, Rejects Apportionment for Design Patents

The Federal Circuit affirmed the bulk of Apple’s massive patent verdict against Samsung — including design patent damages calculated on Samsung’s entire smartphone profits rather than just infringing components — a ruling later reversed by the Supreme Court in a landmark decision on what

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