Patent Litigation & Intellectual Property
Insights on design patent infringement and utility patent litigation from a variety of sources, including: Patentlyo, Intellectual Property Law Blog, The Ipkat, Trademarkology, Managing Intellectual Property, World Intellectual Property Review, and Law 360. If you’d like to chat about anything you see, feel free to reach out or connect with me on LinkedIn.
(Yeah that's too cute, but I'm going with it...) Recent litigation may shed light on the impact of the decision re: design patent obviousness.
In May, the Federal Circuit eliminated the long-standing test for design patent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the design patent obviousness analysis, grounded in the Graham factors.1 This is a big change in design patent law. So how is LKQ impacting ongoing cases so far?
As we head into August, it seems like a good time to learn the fascinating design- and trademark litigation - history of America's most powerful frozen treat
The original rocket-shaped but confusingly named Bomb Pop was first invented in 1955 by D.S. “Doc” Abernathy and James S. Merritt, for Kansas City, Missouri's Merritt Foods. The iconic red, white, and blue stack was flavored cherry, lime, and blue raspberry. When Merritt Foods eventually shut down operations in 1991, Bomb Pop manufacturing was sold off to Iowa-based Wells Dairy/Wells Enterprises. The frozen confections are still made today in La Mars, Iowa.
Upending decades of continuity in the world of design patents, the United States Court of Appeals for the Federal Circuit (“CAFC”), sitting en banc in LKQ Corporation v. GM Global Technology Operations LLC, overturned the Rosen/Durling standard for obviousness of design patents.
In so doing, the CAFC outlined the new framework by which design patent obviousness is to be determined at the United States Patent & Trademark Office (“USPTO”) during examination and post-grant proceedings, as well as during district court litigation involving infringement or invalidity challenges of design patents.
A bakery manager in Michigan, he worked with Kellogg’s to create the snack which became a timeless American classic.
Not sure how I missed this... Honestly, I'd put the Pop Tart up there in the top 100 products ever. And Jerry Seinfeld is about to come out with a documentary on Pop Tarts, to the extent I needed any support for that opinion:-)
Great slideshow about two of my favorite things, old cars and branding... Highly recommended Friday read!
My annual holiday reminder that there is only one right way to install a toilet paper roll, as protected by a US patent issued just before Christmas 1891
Excellent overview of legal issues related to the use of fonts in graphic and industrial design... Many designers are too casual about this (I was once guilty myself, unintentionally)
Great follow up to last week's post about interior design trade dress... Here's an interesting case which just addressed trade dress functionality for candy shaped like the fruit flavor it represents