DESIGN PATENT BLOG POSTS
Litigation
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,
Robert G. Oake, Jr.
September 9, 2022
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Litigation
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,
Robert G. Oake, Jr.
August 31, 2022
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Litigation
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
Robert G. Oake, Jr.
August 28, 2022
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Prosecution/Litigation
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
Robert G. Oake, Jr.
August 28, 2022
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