2016 Design Patent Law Year in Review
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Federal Circuit Year in Review
ss TABLE OF CONTENTS Page INTRODUCTION .......................................................................................................................... 1 ACKNOWLEDGEMENT .............................................................................................................. 2 GIBSON DUNN’S FEDERAL CIRCUIT CLERKS ..................................................................... 3 STATISTICAL ANALYSIS .......................................................................................................... 6 INDEX BY ISSUE ....................................................................................................................... 28 CASE SUMMARIES ................................................................................................................... 44 ALPHABETICAL INDEX OF ALL CASES ............................................................................. 133 INTRODUCTION The Federal Circuit’s 2019‒2020 term saw a number of important developments in patent law. The Court issued 130 published opinions. This term included significant panel decisions in patent law jurisprudence with regard to the constitutionality of the PTAB and its jurisdiction and procedures (Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), Samsung Electronics America, Inc. v. Prisua Engineering Corp., 948 F.3d 1342 (Fed. Cir. 2020), and Nike, Inc. v. Adidas AG, 955 F.3d 45 (Fed. Cir. 2020)), subject matter eligibility (American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, 967 F.3d 1285 (Fed. Cir. -
Patent Law: a Handbook for Congress
Patent Law: A Handbook for Congress September 16, 2020 Congressional Research Service https://crsreports.congress.gov R46525 SUMMARY R46525 Patent Law: A Handbook for Congress September 16, 2020 A patent gives its owner the exclusive right to make, use, import, sell, or offer for sale the invention covered by the patent. The patent system has long been viewed as important to Kevin T. Richards encouraging American innovation by providing an incentive for inventors to create. Without a Legislative Attorney patent system, the reasoning goes, there would be little incentive for invention because anyone could freely copy the inventor’s innovation. Congressional action in recent years has underscored the importance of the patent system, including a major revision to the patent laws in 2011 in the form of the Leahy-Smith America Invents Act. Congress has also demonstrated an interest in patents and pharmaceutical pricing; the types of inventions that may be patented (also referred to as “patentable subject matter”); and the potential impact of patents on a vaccine for COVID-19. As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner’s exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. For patentability, the report details the various requirements that must be met before a patent is allowed to issue. -
The “Article of Manufacture” Today
Harvard Journal of Law & Technology Volume 31, Number 2 Spring 2018 THE “ARTICLE OF MANUFACTURE” TODAY Sarah Burstein* TABLE OF CONTENTS I. INTRODUCTION .............................................................................. 782 II. BACKGROUND .............................................................................. 785 A. Design Patentable Subject Matter ............................................ 785 B. Design Patent Claiming & Infringement ................................. 786 C. Remedies for Design Patent Infringement ............................... 788 III. WHAT IS THE “ARTICLE OF MANUFACTURE” IN § 289?.............. 789 A. The Apple/Nordock Rule .......................................................... 791 B. The Supreme Court Weighs In ................................................. 791 IV. WHY COURTS SHOULD NOT ADOPT THE GOVERNMENT’S APPROACH .................................................................................... 793 A. The Test .................................................................................... 794 1. The Underlying Premise ........................................................ 795 2. The Factors ............................................................................ 797 B. The Nature of the Inquiry ......................................................... 802 1. A Case-by-Case Inquiry? ...................................................... 802 2. Is it a Question of Fact or Law? ............................................ 807 C. The Burden of Proof................................................................ -
Constructing Design Patent Map and Design Strategy Based on Two Perspective of Classifying Methodology
Constructing Design Patent Map and Design Strategy Based on Two Perspective of Classifying Methodology Chia-Han Yang* * Institute of Creative Industries Design, National Cheng Kung University, Taiwan [email protected] Abstract: The design patent is considered less definite than other patent categories such as invention and utility model patent, so it is relatively difficult to create a design patent map for design strategy planning. This research adopts two perspectives of classifying methodology to construct innovative design patent mapping using multivariate analysis such as Multidimensional Scaling (MDS) method and cluster analysis. Thirty-eight chair design patents in Taiwan are selected as analytical cases for patent mapping. The findings reveal that the two design patent maps based on MDS method and cluster analysis both show similar design category. The comparable study also depicts the MDS-based design patent map is better in external environmental monitoring such as design trend analysis, selection of design hot zone, design forecasting, and evaluation the design strategy from major competitors. The cluster-based design patent map is useful to understand the design features of existing patent, especially in the current dominant design and new design focus in the context of aesthetic, functional, creative and experience value. Key words: Design patent, Patent map, Design strategy, Multidimensional scaling, Cluster analysis 1. Introduction With design knowledge evolving dynamically and proliferating globally, product and industrial design is becoming a more innovative approach wherein the integration of system knowledge is pivotal in accelerate design-driven innovation and expand markets for the new users. Under this competitive environment, some discussions shed light on the constructing design strategies for new product development and design resource planning. -
Case 1:12-Cv-10576-DJC Document 358 Filed 04/30/21 Page 1 of 19
Case 1:12-cv-10576-DJC Document 358 Filed 04/30/21 Page 1 of 19 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _________________________________________ ) WORLDS, INC., ) ) Plaintiff ) ) v. ) ) Civil Action No. 12-10576-DJC ACTIVISION BLIZZARD, INC., ) BLIZZARD ENTERTAINMENT, INC. and ) ACTIVISION PUBLISHING, INC., ) ) Defendants. ) _________________________________________ ) MEMORANDUM AND ORDER CASPER, J. April 30, 2021 I. Introduction Plaintiff Worlds, Inc., (“Worlds”) alleges that Defendants Activision Blizzard, Inc., Blizzard Entertainment, Inc. and Activision Publishing, Inc. (collectively, “Activision”) infringe United States Patents Nos. 7,181,690 (“‘690”), 7,493,558 (“‘558”), 7,945,856 (“‘856”), 8,082,501 (“‘501”) and 8,145,998 (“‘998”) (collectively, the “Patents-In-Suit”). Activision has moved for summary judgment seeking a ruling that the remaining claims of the Patents-In-Suit at issue are invalid as a matter of law. D. 272. For the following reasons, the Court ALLOWS Activision’s motion. II. Factual Background The following material facts are based upon Activision’s Statement of Material Facts, D. 177, Worlds’ Statement of Material Facts, D. 185, and/or the documents referenced in same and are undisputed. 1 Case 1:12-cv-10576-DJC Document 358 Filed 04/30/21 Page 2 of 19 A. Patents-In-Suit At this juncture, Worlds presses that Activision infringes the following twenty-one claims of the Patents-In-Suit: ‘690 claims 4, 8, 13 and 16; ‘558 claims 5 and 7; ‘856 claim 1; ‘501 claims 1-8, 10, 12 and 14-16; and ‘998 claim 18. D. 269 at 2; D. 283 at 10. As Worlds has explained, the Patents-In-Suit resolve bandwidth issues with multiplayer games through “multi-criteria filtering of avatar position and state information, but at the client side and the server side,” i.e., “crowd control.” D. -
Patent Law: a Handbook for Congress
Patent Law: A Handbook for Congress September 16, 2020 Congressional Research Service https://crsreports.congress.gov R46525 SUMMARY R46525 Patent Law: A Handbook for Congress September 16, 2020 A patent gives its owner the exclusive right to make, use, import, sell, or offer for sale the invention covered by the patent. The patent system has long been viewed as important to Kevin J. Hickey, encouraging American innovation by providing an incentive for inventors to create. Without a Coordinator patent system, the reasoning goes, there would be little incentive for invention because anyone Legislative Attorney could freely copy the inventor’s innovation. Congressional action in recent years has underscored the importance of the patent system, including a major revision to the patent laws in 2011 in the form of the Leahy-Smith America Invents Act. Congress has also demonstrated an interest in patents and pharmaceutical pricing; the types of inventions that may be patented (also referred to as “patentable subject matter”); and the potential impact of patents on a vaccine for COVID-19. As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner’s exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. For patentability, the report details the various requirements that must be met before a patent is allowed to issue. -
Intellectual Property & Patent Research Services W W W . I P
Intellectual Property & Patent Research Services ? Patent Searching ? Patent Drawings / Illustrations ? Patent Application Drafting ? Patent Watching /Alerts ? Patent Landscaping ? Trademark Searching w w w . i p . d e x t r a s y s . c o m Dextrasys Technologies Private Limited, Trichy, INDIA Contents Presenting Dextrasys 3 Patent Searching 4 Patent Drawing 6 Trademark Searching 7 Information Security 8 Why Dextrasys 9 Contact Us 10 w w w . i p . d e x t r a s y s . c o m 3 Presenting Dextrasys I have great pleasure in presenting Dextrasys (www.ip.dextrasys.com). We, at Dextrasys, provide Intellectual Property and Patent Search services to business and professional customers that include business organizations, law firms, patent attorneys and patent agents in US and Europe. We provide high quality, fast turn around Patent Searches including Patentability, Invalidity, FTO and State of the Art searches. In addition to Patent Searches, we provide Patent Drawings, Trademark Searches and Legal Documentation Services. Our prime objective is to help clients like you to improve productivity, quality and cost of service by ? Consistently exceeding your expectations in delivery ? Delivering on-time with quality and cost benefits ? To change the way our clients acquire, manage and deliver Knowledge We are a team of enthusiastic researchers with strong domain expertise in mechanical, electrical, electronics, chemistry, pharmaceuticals and life sciences. We look forward to assist you in patent searching and related IP activities. We are confident, you will be excited with the quality of our deliverables and level of service. Muthukumar Ramalingam Founding Director & CEO [email protected] w w w . -
Patent Model Index
Smithsonian Institution Scholarly Press smithsonian contributions to history and technology • n u m b e r 5 4 Smithsonian Institution Scholarly Press PatentA Chronology Models Index of MiddleGuide to Missouri the Collections of Plains the NationalVillage Museum of AmericanSites History, Smithsonian Institution Volume 1: Listings by Patent NumberBy Craig and M. InventionJohnson Name with contributions by Stanley A. Ahler, Herbert Haas, and Georges Bonani Barbara Suit Janssen SerieS PublicationS of the SmithSonian inStitution Emphasis upon publication as a means of “diffusing knowledge” was expressed by the first Secretary of the Smithsonian. In his formal plan for the Institution, Joseph Henry outlined a program that included the following statement: “It is proposed to publish a series of reports, giving an account of the new discoveries in science, and of the changes made from year to year in all branches of knowledge.” This theme of basic research has been adhered to through the years by thousands of titles issued in series publications under the Smithsonian imprint, com- mencing with Smithsonian Contributions to Knowledge in 1848 and continuing with the following active series: Smithsonian Contributions to Anthropology Smithsonian Contributions to Botany Smithsonian Contributions to History and Technology Smithsonian Contributions to the Marine Sciences Smithsonian Contributions to Museum Conservation Smithsonian Contributions to Paleobiology Smithsonian Contributions to Zoology In these series, the Institution publishes small papers -
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THE PATENTABILITY OF SIGNAL-CARRYING MEDIA KEVIN T. MCCUSKER* INTRODUCTION If you’re like most Americans, you probably have a cellphone with you at all times.1 Although we may appreciate the technology that goes into a smartphone, we may not appreciate the intellectual property underlying that technology. Indeed, an astounding 250,000 active patents relate to smartphones in some way.2 With patent licensing fees of approximately $120 for a $400 phone—$70 of which is for software-related patents—patent licensing for cell phones is a $180 billion a year business.3 Software-related patents can protect the underlying inventions in different ways, including by patenting a device (such as a cell phone), a storage medium (such as a DVD or flash drive), or a method of using a device to implement the invention.4 But holders of software patents are missing out on protection of their software inventions during transmission, such as when end users download software from the Internet.5 In In re Nuijten, the Federal Circuit determined that a claim in a patent application directed to “[a] signal” was not patent-eligible subject matter, describing the signal as “transitory.”6 The Federal Circuit held that a signal per se—as opposed to a device or method for making a signal—was not eligible for patent protection because it did not fall into any of the four statutory categories of invention.7 Since Nuijten, the United States Patent and Trademark Office (USPTO) does not allow patents to issue that cover signals in transmission, such * J.D. -
Petitioners, V
No. 20-____ IN THE Supreme Court of the United States ———— COCHLEAR CORPORATION, COCHLEAR LTD., Petitioners, v. ALFRED E. MANN FOUNDATION FOR SCIENTIFIC RESEARCH, ADVANCED BIONICS, LLC, Respondents. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— KATHLEEN M. SULLIVAN Counsel of Record THOMAS D. PEASE KEVIN A. SMITH QUINN EMANUEL URQUHART & SULLIVAN, LLP 51 Madison Avenue 22nd Floor New York, NY 10010 (212) 849-7000 kathleensullivan@ quinnemanuel.com Counsel for Petitioners September 14, 2020 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTIONS PRESENTED 1. Whether the Federal Circuit has misapplied the “book of wisdom” set forth in Sinclair Refining Co. v. Jenkins Petroleum Process Co., 289 U.S. 689 (1933), by allowing a reasonable royalty for patent infringement under the Patent Act, 35 U.S.C. § 284, to be deter- mined by evidence arising long after the hypothetical negotiation on which that royalty is based? 2. Whether Maryland v. Baldwin, 112 U.S. 490 (1884), forecloses an award of damages under a general damages verdict where some claims underlying that award are overturned after trial, and if so, whether a party may challenge such a result notwithstanding agreement to a general damages verdict? 3. Whether Garretson v. Clark, 111 U.S. 120, 121 (1884), requires apportionment of patent damages to the inventive contribution of the claimed technology? (i) ii PARTIES TO THE PROCEEDINGS BELOW Petitioner Cochlear Americas (f/k/a Cochlear Corporation) was a defendant-appellant below. Petitioner Cochlear Ltd. -
How Design Patent Law Lost Its Shape
Burstein.41.2.1 (Do Not Delete) 2/5/2020 3:55 PM HOW DESIGN PATENT LAW LOST ITS SHAPE Sarah Burstein† TABLE OF CONTENTS I. BACKGROUND ........................................................................................................... 559 A. Sources of Design Patent Law ..................................................................... 559 B. Design Patentable Subject Matter .............................................................. 561 1. “Ornamental” ................................................................................... 561 2. “Article of Manufacture” ................................................................ 562 3. “Design” ............................................................................................ 562 C. Design Patent Infringement ........................................................................ 563 D. Design Patent Claiming............................................................................... 565 II. ARTICLES & PORTIONS THEREOF ............................................................................ 565 III. IN RE ZAHN (1980) .................................................................................................... 571 A. The Precedents .............................................................................................. 571 1. Ex parte Northup (Pat. Off. Bd. App. 1932) ................................. 571 2. In re Blum (C.C.P.A. 1967) ............................................................. 573 B. The Proceedings at the USPTO ................................................................. -
Best Source for Patent Drawing Rules & Regulations
BEST SOURCE FOR PATENT DRAWING RULES Bernadette Marshall NBG Drafting & Design It is with great pleasure that I announce something new from NBG-Drafting and Design. This is our first Newsletter - Special Edition; CONSOLIDATED In this edition we will cover our preferred sources for patent drawing rules & regulations. PATENT RULES Title 37 Finding resources for information regarding patent drawing rules can be frustrating. Much of the Extracts§ 1.84 Standards Regarding information refers to out-of-date methods, like hand drawings using ink pens on board. It is hard to Drawingsfor in imaging creating any type of mechanical/technical drawings today without the use of CADD (software PDFdrawings format application for computer aided design and drafting). Most skilled patent draftspersons today are practicing in CADD. MANUAL OFOF PPATENT The USPTO (US Patent and Trademark Office) is now setup to accept on line filing and, most applications EXAMINING are filed digitally. However, a single, comprehensive source for rules for digital art is almost nonexistent. PROCEDURE Filing applications with drawings on-line is the best way to file because there is no degradation in their (MPEP)(MPEP) quality. Even with high resolution printing, degradation occurs when drawings are scanned and copied. Extracts from Chapter 1500 The rules for patent drawings can be found in many places, but much of the information is vague and Regarding Drawings contradictory. The Guide for filing a design patent application on the USPTO website has samples of in PDF format drawings to indicate how shading should be applied. We find these shading samples to be very poor.