Decision Date: May 18, 2015Court: U.S. Court of Appeals for the Federal CircuitPatents: D593,087; D604,305; D618,677Holding: Judgment of trade dress dilution REVERSED; judgment of patent validity and infringement AFFIRMEDOpinion: Apple sued Samsung in April 2011 for trade dress dilution and patent infringement. Apple’s asserted trade dresses and patents cover various features of Apple’s iPhone. After the district court reached a final judgment in favor of Apple, Samsung appealed to the Federal Circuit.I. Trade DressesThe court first determined whether Apple’s asserted trade dresses—an unregistered trade dress and Trademark Registration No. 3,470,983—are non-functional and therefore protectable.The court noted that it is “more difficult to claim product configuration trade dress than other forms of trade dress,” which framed the review of the two trade dresses. Apple argued nonfunctionality under the Disc Golf factors used in the Ninth Circuit: … [Read more...] about Design Patent Case Digest: Apple v. Samsung Electronics Co.
Defunis v odegaard case digest
Decision Date: August 28, 2014Court: N.D. Illinois Patent: D442,661Holding: Defendant’s motion for judgment on the pleadings of non-infringement GRANTEDOpinion:Plaintiff Roger Young sued Anne Stone, Inc. for infringement of U.S. Design Patent No. D442,661, entitled “Golf Putting Practice Hole Simulator.” Anne Stone, Inc. manufactures and sells the “Putt-A-Round” as a practice target for golf putting. Anne Stone, Inc. moved for judgment on the pleadings under Rule 12(c), arguing that Young’s claim for design patent infringement failed as a matter of law based on the facts stated in the pleadings.In considering motions under Rule 12(c), courts accept all well-pled allegations in the complaint as true and draw all reasonable inferences in the plaintiff’s favor. Notably, the court here referenced the Twiqbal standard for dismissal, requiring that a plaintiff must plead sufficient facts to state a claim of relief that is plausible on its … [Read more...] about Design Patent Case Digest: Young v. Stone
Decision Dates: August 25, 2011 and November 12, 2013 Courts: D. NJ and United States Court of Appeals for the Federal Circuit Patents: D469,689 Holding: The terms of the ‘689 Patent are construed; AFFIRMED by the Federal Circuit. Opinion: Plaintiff W.Y. Industries, Inc. sued Kari-Out Club LLC for infringement of U.S. Design Patent D469,689, entitled Rectangular Stackable Container. W.Y. Industries sells rectangular plastic food containers . Kari-Out makes competing food containers . The Court adopted W.Y. Industries’ verbal claim construction and denied Kari-Out’s request to include additional language, which described the functional features of the patented design. W.Y Industries’ design patent claims the “ornamental design of a rectangular stackable container as shown and described” in the drawings of the patent. According to the Court, construing a design claim as that which is shown in the patent drawings is typical of … [Read more...] about Design Patent Case Digest W.Y. Industries, Inc. v. Kari-Out Club LLC
Decision Date: September 24, 2013 and January 8, 2014 Court: Patent Trial and Appeal Board Patents: D527,834 Holding: ATAS’s petition to institute inter partes review is DENIED; Request for rehearing DENIED. Opinion: ATAS International, Inc. filed a petition for inter partes review of U.S. Design Patent No. D527,834, entitled Building Panel and assigned to Centria. Litigation was pending between the parties in the U.S. District Court for the Western District of Pennsylvania concerning the patent. The petition asserted that the patent is unpatentable under either 35 U.S.C. §§ 102 and/ or 103 . ATAS did not meet its burden of showing a reasonable likelihood of prevailing under 35 U.S.C. § 314(a) , therefore, the Patent Trial and Appeal Board (“PTAB”) denied the petition. During prosecution, the patent was restricted to seven embodiments of a building panel design. In its claim construction, the PTAB concluded that … [Read more...] about Design Patent Case Digest: ATAS International, Inc. v. Centria
Decision Date: February 21, 2014Court: E.D. ArkansasPatents: D561,294 and D576,246Holding: Defendants’ motion to dismiss GRANTED Opinion:Plaintiffs P.S. Products, Inc. (“P.S.”) and Billy Pennington, president of P.S. Products, sued Activision Blizzard, Inc. (“Activision”) and its affiliated companies for infringement of U.S. Design Patent No. D561,294 and U.S. Design Patent No. D576,246, each entitled “Stun Gun.” In each of these patents the stun gun design resembles a pair of brass knuckles. This design is incorporated in P.S.’s product, the Zap Blast Knuckle, which is capable of producing a 950,000 volt electrical shock when operated by the user.Activision is one of the largest producers of video games in the world. One of Activision’s most successful games is Call of Duty, Black Ops II. The game simulates a battlefield environment where the player is tasked with completing tactical missions in a mock … [Read more...] about Design Patent Case Digest: P.S. Products, Inc., v. Activision Blizzard, Inc.