Harmonizing Designs WIPO member states approve diplomatic conference to debate Design Law Treaty, to conclude no later than 2024. WIPO reported on Thursday, July 21, 2022, that its members have decided to convene a diplomatic convention…
The USPTO issued the first derivation certificate for a design patent on November 3, 2021, cancelling the claim, finding it derived from another inventor. Six years after implementation of the American Invents Act (AIA), which went…
Saidman DesignLaw Group is pleased to announce the promotion of colleague Meera Kamath to partner. Meera joined the firm as an associate in 2014 and was promoted to senior associate in 2020. Meera is a dedicated and experienced IP…
We are proud to share that our law firm has been recognized again as a top U.S. firm for design patent procurement. We are grateful for support from our clients, entrusting us to work on their…
On Tuesday, July 2, 2019, the Court of Appeals for the Federal Circuit affirmed two Inter Partes Review final written decisions which had invalidated two design patents as obvious under 35 U.S.C. 103. The PTAB determined…
Court Decision Typifies an All Too Common – and Incorrect – Functionality Analysis Perry J. Saidman In Tactical Medical Solutions, Inc. v. Dr. Ronald Karl and EMI Emergency Medical International a/k/a Emergency Medical Instruments (ND Ill., June 11,…
Jury Awards Plaintiff $3 Million for Design Patent Infringement, Trade Dress Infringement, False Advertising, and Unfair Competition. Perry J. Saidman In Gavrieli Brands, LLC v. Soto Massini (USA) Corporation, a jury in the federal district court of…
In Lanyard Toys Limited v. Toys “R” Us (March 21, 2019, MD FL), a district court in the middle district of Florida made a somewhat dysfunctional analysis in finding that Lanyard’s U.S. Pat. No. D671,167 was not infringed by…
In Advantek Mktg., Inc. v. Shanghai Walk-Long Tools Co., 898 F.3d 1210 (Fed. Cir. 2018), the U.S. Court of Appeals for the Federal Circuit reinforced portions of the Supreme Court’s decision in Samsung Elecs. Co. v. Apple Inc.,…
Perry Saidman has written a new article that analyzes the Government’s proposed 4-factor test for determining the “article of manufacture” when calculating the infringer’s total profit due to the design patentee under 35 U.S.C. 289. The…