Design Patents Archives - Jafari Law Group | California Employment Litigation & Patent Lawyers

Proposed Legislation May Now Permit Fee Shifting in Patent Litigation

December 13 2013

Currently in patent infringement cases (including declaratory judgment cases), 35 U.S.C. section 285 reads, “the court in exceptional cases may award reasonable attorney fees to the prevailing party” (emphasis added). As of December 5, 2013, House Representative Bob Goodlatte’s “Innovation Act,” among other changes, seeks to amend this fee shifting statute to have the non-prevailing …

Continue reading “Proposed Legislation May Now Permit Fee Shifting in Patent Litigation”

Apple, Inc. v. Samsung Elecs. Co.: Permanent Injunction Unlikely

November 27 2013

Back in July of 2012, a jury returned a powerful verdict against Samsung, in a suit filed by Apple (AAPL), claiming Samsung infringed on several patents, and diluted Apple’s trade dress for the iPhone. That jury found that 26 Samsung smartphones and tablets infringed Apple patents and that six Samsung smartphones diluted Apple’s registered iPhone …

Continue reading “Apple, Inc. v. Samsung Elecs. Co.: Permanent Injunction Unlikely”

Design Patents – Yes They Are Available in the United States and Yes You Should Consider Filing for One

November 05 2013

When most people talk of patents and protecting their inventions they are implicitly talking about “utility patents,” which protect the way an invention works. However, there is an entirely different class of patent, the “design patent,” that United States patent law recognizes and that those seeking a patent should also consider. The Differences… First, the …

Continue reading “Design Patents – Yes They Are Available in the United States and Yes You Should Consider Filing for One”

Patent Search- What is A Search and Why it Makes Sense to Perform One

October 28 2013

In the context of obtaining a patent, a “search” is a professional search of various online databases for inventions that are similar to your invention. The name of such searches varies within our industry, but at our office we simply call such searches a “Patent Search,” and is also often called a novelty search. Patent …

Continue reading “Patent Search- What is A Search and Why it Makes Sense to Perform One”

Basics of Design Patents

June 20 2013

A design patent is a type of patent made on the aesthetic appearance of an object as opposed to a patent on its function. An engine, for example, has a specific purpose or function and this function could be protected by the standard and well known utility patent but the way the engine is designed …

Continue reading “Basics of Design Patents”

Preliminary Injunction for Design Patent Infringement is overturned by the Federal Circuit

January 01 2013

In PHG Technologies, LLC, v. St. John Companies, Case No. 06-1169 (Fed. Cir., Nov. 17, 2006), the Federal Circuit vacated the United States District Court for the Middle District of Tennessee’s preliminary injunction in favor of Plaintiff-Appellee, PHG Technologies, L.L.C. (“PHG”). The court relied on the finding that Defendant-Appellant, St. John Companies, Inc. (“St. John”) …

Continue reading “Preliminary Injunction for Design Patent Infringement is overturned by the Federal Circuit”

IP Now

Proposed Legislation May Now Permit Fee Shifting in Patent Litigation

Apple, Inc. v. Samsung Elecs. Co.: Permanent Injunction Unlikely

Design Patents – Yes They Are Available in the United States and Yes You Should Consider Filing for One

Patent Search- What is A Search and Why it Makes Sense to Perform One

Basics of Design Patents

Preliminary Injunction for Design Patent Infringement is overturned by the Federal Circuit