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Jan 20, 2025 | 
jdsupra.com | Rubén Muñoz |Jason Weil
[co-author: Shivani Prakash]The District of Arizona recently held that a plaintiff’s failure to mark patented products during the time period that marking was required barred it from recovering all pre-notice damages, including for a period of time when there was no obligation to mark.
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Dec 2, 2024 | 
jdsupra.com | Matthew Hartman |Megan R. Mahoney |Rubén Muñoz
A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the designs at issue, and thus could assist the factfinder in determining design patent infringement under the ordinary observer test. The designs at issue involved the appearance of a smartwatch.
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Nov 27, 2024 | 
akingump.com | Megan R. Mahoney |Matthew Hartman |Rubén Muñoz
By: Megan R. Mahoney, Matthew George Hartman, Rubén H. MuñozA district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the designs at issue, and thus could assist the factfinder in determining design patent infringement under the ordinary observer test. The designs at issue involved the appearance of a smartwatch.
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Sep 1, 2024 | 
mondaq.com | Matthew Hartman |Rubén Muñoz
The Patent Trial and Appeal Board has denied institution of an
inter partes review for a design patent in part because
the petitioner failed to show that three asserted references
qualified as prior art. Specifically, the PTAB ruled that images of
a boot design taken from a website after the critical date, coupled
with evidence that the design was on sale before the critical date,
was insufficient to establish the design as prior art.
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Aug 27, 2024 | 
akingump.com | Matthew Hartman |Rubén Muñoz
By: Thomas W. Landers IV, Matthew George Hartman, Rubén H. MuñozThe Patent Trial and Appeal Board has denied institution of an inter partes review for a design patent in part because the petitioner failed to show that three asserted references qualified as prior art. Specifically, the PTAB ruled that images of a boot design taken from a website after the critical date, coupled with evidence that the design was on sale before the critical date, was insufficient to establish the design as prior art.
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Aug 27, 2024 | 
lexology.com | Matthew Hartman |Rubén Muñoz
The Patent Trial and Appeal Board has denied institution of an inter partes review for a design patent in part because the petitioner failed to show that three asserted references qualified as prior art. Specifically, the PTAB ruled that images of a boot design taken from a website after the critical date, coupled with evidence that the design was on sale before the critical date, was insufficient to establish the design as prior art.
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Jul 10, 2024 | 
mondaq.com | Brock Wilson |Cono Carrano |Clark Gordon |Rubén Muñoz
The United States Patent and Trademark Office (USPTO) and the
United Kingdom Intellectual Property Office (UKIPO) have signed a
memorandum of understanding (MoU) that outlines a new framework for
collaboration between the two offices on policies relating to
Standard Essential Patents (SEPs).
SEPs are patents that have been declared by the patent owner as
“essential” to practice a particular technical standard
such as Wi-Fi, LTE, 5G, Bluetooth and HEVC.
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Jul 10, 2024 | 
jdsupra.com | Cono Carrano |Clark Gordon |Rubén Muñoz
The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two offices on policies relating to Standard Essential Patents (SEPs). SEPs are patents that have been declared by the patent owner as “essential” to practice a particular technical standard such as Wi-Fi, LTE, 5G, Bluetooth and HEVC.
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Jul 9, 2024 | 
akingump.com | Clark Gordon |Brock Wilson |Cono Carrano |Rubén Muñoz
By: Clark Gordon, Brock F. Wilson, Cono A. Carrano, Rubén H. MuñozThe United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two offices on policies relating to Standard Essential Patents (SEPs).
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Apr 5, 2024 | 
jdsupra.com | Matthew Hartman |Megan R. Mahoney |Rubén Muñoz
The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor constituted prior art. In doing so, the board relied on its finding that there was no enforceable obligation of assignment to provide the basis for common ownership, and therefore the reference qualified as prior art. The challenged patent had two named inventors.
