DESIGN PATENT BLOG POSTS
Prosecution History Estoppel in Design Patent Cases
Prosecution history estoppel (PHE) may prevent a finding of infringement when the patentee originally claims the matter alleged to infringe but then narrows the claim
Customer Complaints about Product Quality Establish Irreparable Harm for Preliminary Injunction
In Hydrojug, Inc. v. Five Below, Inc., plaintiff moved for a preliminary injunction over design patent D887,202 (Container Top). The Court granted the preliminary injunction,
Conclusory Allegations of Marking do not Survive Motion to Dismiss
A plaintiff must plead and prove compliance with the patent marking statute to receive pre-suit damages. In Blackbird Tech LLC v. Argento SC by Sicura,
Single Difference in Fishing Lure Design Supports Summary Judgment of Non-Infringement
1. Effect of Notice of Intent to Issue a Reexamination Certificate on Non-Infringement Decision. Be careful of the effect a reexamination may have on a
Don’t Get Tripped Up Over Wire Frame Lines
Wire framing is a technique that defines shape and contour of a design with lines created at changes in form, such as when a flat