Monday, January 14, 2013

Design Patent Links – January 14, 2013

Christopher Carani of McAndrews, Held & Malloy wrote an excellent analysis of Apple’s smartphone litigation with Samsung and several other design patent cases in an effort to discern some overall guidelines for assessing design patent infringement under the ordinary observer test.  Mr. Carani’s article was re-posted by permission on Patently-O.

Speaking of Apple v. Samsung, the German version of their ongoing design patent war will be delayed after some fancy footwork by Samsung in the EU Trademark Office in Alicante, Spain, as reported by Bloomberg.

Stephen L. Peterson of Finnegan, Henderson, recently penned an article on discussing several myths about design patent, including the misguided theory that “Design patents can’t protect fashion.”

IP360 recently posted an article discussing the “Benefits of US Implementation of the Hague Agreement” and the effect on international design patent prosecution. (account required).   Several other commentators recently discussed the ratification of the Hague Agreement as well, including JDSupra , Tom’s Hardware, and Bloomberg Businessweek.

Foss Patents is reporting on an anonymous ex parte reexamination of Apple’s design patent covering a page turning animation.  Apple’s page turning design patents were subject to widespread criticism when they first issued in light of traditional books and the breadth of the patents.  We will monitor this reexamination and update as warranted.

For those who live in the Boston area, the Boston Patent Law Association will be hosting a roundtable lunch seminar on “The Design Patent/Copyright Conundrum” on January 24, 2013 at Bingham McCutchen.  The roundtable will include discussion of the nature and scope of protection afforded by design patents and copyrights, the overlap in protection between the two, standards for infringement, and remedies available for infringement of design patents and copyrights. 

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