March 31, 2013
Patent Law By Design
Tim Owens added a internal (unclaimed) trapazoidal region to his bottle design application. The examiner considered it a substantial change (new subject matter), as did the PTO appeal Board and CAFC. That may seem unremarkable, except it represents a substantial change in the law by PTO fiat, backed by the appeals court.
Continue reading "Patent Law By Design"
Posted by Patent Hawk at 2:32 PM | Design Patents
November 29, 2012
Eyewear
Revision Military sued Balboa for infringing its protective eyewear design patents. The district court wrongly applied its own circuit law, rather than Federal circuit law, in denying a preliminary injunction, as well as applying an out-of-date criteria for determining whether an injunction should be granted. On appeal, that decision was reversed. The CAFC panel (2011-1628) also reminded that it has discarded its own earlier law with regard to figuring out whether to grant an injunction; instead reverting back to case law of 1871. That the courts make laws willy-nilly highlights that Congress is ever-negligent in writing statute, as well as the fact that court-fabricated law, particularly with regard to patents, is capricious.
Posted by Patent Hawk at 1:23 PM | Design Patents
February 25, 2010
Crock
The
International Trade Clowns (ITC) handed a crock to clog maker Crocs when it
asserted
6,993,858 and
D517,789: '858 was found obvious and '789 not infringed. Crocs squealed and
appealed to the CAFC, which stepped in it and splattered the ITC with both feet:
utility and design patent case law.
Posted by Patent Hawk at 11:24 PM | ITC | Comments (9)
December 19, 2009
Clogged
Footwear
importer Seaway sued Walgreens drug stores for selling those colorful plastic
clogs, thereby infringing
D529,263,
D545,032, and
D545,033. The district court booted the case in summary judgment because of
anticipation by clog design patent
D517,789, owned by Crocs. Seaway appealed, to a split decision on the crucial perspective of
§102 in applying the "ordinary observer" test. After failing to address
validity in its sea-change
Egyptian Goddess
decision, a CAFC panel plays catch-up, and drops the ball.
Posted by Patent Hawk at 1:58 AM | Design Patents | Comments (1)
June 3, 2009
The Rubber Meets The Road
Titan
Tire sued Case for infringing
D360,862, claiming a tractor tire. "In May 2007, Titan filed a motion for a
preliminary injunction to prohibit Case from selling backhoes with infringing
tires." The motion was denied, because Titan "was not likely to withstand" an
obviousness challenge. On appeal, the CAFC exposits on preliminary injunctions,
and adds a dash on design patent obviousness.
Continue reading "The Rubber Meets The Road"
Posted by Patent Hawk at 6:03 PM | Injunction | Comments (2)
May 11, 2009
Back into the Pool
Sofpool
sued Intex Recreation over two above-ground swimming pool design patents (D408,546;
D480,817). The jury found them noninfringed. The serpentine Egyptian
Goddess CAFC ruling, a temporal reel in viewing design patents, intervened
between trial and appeal.
Continue reading "Back into the Pool"
Posted by Patent Hawk at 9:29 PM | Design Patents
September 22, 2008
Designing Law
Egyptian
Goddess sued Swisa for design patent infringement. The Goddess stumbled.
On appeal, in
a 2-1 panel brawl, the CAFC ginned up a new standard for design patent
infringement. En banc rehearing resulted in the CAFC rebuffing itself, with the
design patent standard for infringement rewound to 1871.
Continue reading "Designing Law"
Posted by Patent Hawk at 9:55 PM | Design Patents
July 18, 2008
Wrap Up
Monster
Cable likes its packaging. Monster wrestled licenses from Systemax and its
subsidiary Ultra Products for
D471,442. Monster has other packaging infringement actions against
Timex,
and Bizlink and its subsidiary Accell. Monster favors the Eastern District of
Texas for its enforcement actions.
Posted by Patent Hawk at 12:08 AM | Design Patents
June 14, 2008
Nunchucked
Traditional
nunchucks, a martial arts weapon, are two sticks connected by a short chain
or rope. Modern-day nunchucks act as videogame controls. LA-based Nyko makes a
wireless nunchuck, and won an award for it at the 2008 Consumer Electronics Show
in Viva Las Vegas. Nyko's nunchuck resembles a wired predecessor made by
Nintendo, holder of nunchuck design patents
D556,201 and
D556,760. Nintendo's complaint was filed June 10th in the Western District
of Washington against Nyko's unlicensed version. Nyko may be in for a different
kind of award.
Posted by Patent Hawk at 4:31 PM | Design Patents
June 13, 2008
Display Package
Design
patents seem like a little brother to utility patents, all form and no
substance. But aesthetics spin money. Even the presentation of a product can
help it jump off the shelf and make the cash register ring. So
Monster Cable, which packs its cables
into a tidy product display, understandably complained that
Timex has copied its display package to retail kids' watches.
Continue reading "Display Package"
Posted by Patent Hawk at 1:08 PM | Design Patents
September 16, 2007
Ordinary Observer
Arminak and Calmar sell trigger sprayers to makers of liquid household
products. Arminak sought declaratory judgment from two of Calmar's design
patents for sprayer shrouds:
381,581 &
377,602. The district court found non-infringement in summary
judgment. On an affirming appeal, the CAFC lays down case law on assessing design patent
infringement, finding an "ordinary observer" to have a keen eye; akin to SCOTUS KSR in having "ordinary" be extraordinary.
Overturning 136-year precedent, the virulent anti-patent KSR disease spreads to
design patents.
Continue reading "Ordinary Observer"
Posted by Patent Hawk at 8:00 PM | Design Patents | Comments (2)
August 29, 2007
Rebuffed
Egyptian
Goddess (EGI) sued Swisa for infringing design patent
467,389, covering an ornamental nail buffer. The district court found
Swisa's product lacking the point of novelty in summary judgment. Egyptian
Goddess futilely appealed as a CAFC panel constructs a controversial
new test for design patent novelty.
Posted by Patent Hawk at 9:46 PM | Design Patents
November 18, 2006
Function Over Form
PHG
has two design patents for medical labels:
D496,405 and
D503,197. PHG sued St. John, a competitor, for its medical label sheets, and
got a preliminary injunction from the district court. St. John had argued that
the design patents weren't valid, because they had a functional aspect. The
appeals court took a look (CAFC
06-1169), and
decided St. John might have gotten short sheeted.
Continue reading "Function Over Form"
Posted by Patent Hawk at 10:53 AM | Design Patents
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