Supreme Court Signals Shift in Approach to Damages in Design Patent Infringement CasesGina A. Jenero
You will need to support your claim that someone else infringed on your design patent. You may find help working with an independent design expert who will support your claim. For some high-profile design patent infringement cases, independent experts played major parts in the cases' outcomes. ...
On 23 April 2021, the Shanghai Intellectual Property Court (“Court”) announced judgments for ten cases involving intellectual property disputes including,inter alia, a design patent infringement case. The Court found that infringement was established, granting an injunction against future infringeme...
The new methodology for calculating damages in design patent infringement cases essentially says that an infringing party does not always owe their total profits made from their use of the patented design. Instead, the new damages calculation requires that the patent holder must prove the relative co...
Patent invalidation Trademark cases Infringement dispute Successful Cases More Insufficient Disclosure of Descriptions—-Our Fi Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should ...
An item or object that is protected by a design patent carries broad protection fromcopyright infringement. A design that was not intended to be a copy and which was devised independently from an existing, design-patent-protected item may still infringe upon that design patent. ...
The main legal grounds for judging design patent infringement is a principle of “comprehensive judgment based on overall visual effect” prescribed by Article 9-11 of Judicial Interpretation I Regarding Issues of Application of Law in Patent Infringement Cases (referred to as Interpretation I in the...
How long does the design patent application process take? In most cases, the USPTO gives out design patents within 12 months. It is possible that it can be awarded in 6 to 9 months. In contrast, it may take 3+ years to get a utility patent. Can there be similar design patents? Remem...
Cheng Y (2005) Invalidation and infringement cases of design patent. Law Press 159 Feng Q (ed) (2009) Study on Intellectual Property Trial in China. The People’s Court Press, p 314 He H (2012) Chinese design patent: concept of normal consumer and degree of freedom of designer: comments...
For over a century the Supreme Court had mostly sidestepped design patent jurisprudence. But inSamsung v Applethe court took on the damages remedy distinctive to design patent infringement in Section 289 of the Patent Act. The section makes it unlawful to make or sell an “article of manufactur...