Oral arguments were held on Thursday, January 12, 2023, in Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc.  The parties faced off in a rematch at the Federal Circuit following an earlier bout involving the same design patent, U.S. D657,093 (“D’093”) for a “Heat Reflective Material,” which as illustrated side-by-side below had been asserted against Seirus’s HeatWave™ material.

Continue Reading Design Patents are Heating Up at the Federal Circuit

As highlighted by a recent decision of the United States District Court for the Southern District of New York[1], a party’s failure to properly mark its products with its issued U.S. patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer.  As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products.
Continue Reading Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

While copyright law is at the center of a few recent disputes over intellectual property protection for typefaces and fonts, design patents are an often-overlooked mechanism for protecting these designs. Those who develop or license fonts will benefit from the following summary of the available protections for the visual appearance of typefaces and fonts, which includes novel “emoji” sets.
Continue Reading Protecting the Product™: Typefaces and Fonts

This article supplements our previous post with updated 2021 data.

U.S. design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2021 was still greater than the number of U.S. design patents that issued in each year between 2012-2018, and was more than 50% greater than the number of U.S. design patents that issued in 2012. With the number of U.S. design patent examiners also increasing, we expect the number of issued designs in 2022 to outpace 2021 and possibly set a new annual issuance record.
Continue Reading Recent Trends in Article of Manufacture of Design Patent Claims: GUIs Remain King

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. Given the breadth of the asserted design patents, these cases potentially raise issues of first impression related to claim construction, infringement, and functionality.
Continue Reading Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

A recent Federal Circuit decision, Junker v. Med. Components, Inc., No. 2021-1649 (Feb. 10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents.
Continue Reading Junker v. Medical Components, Inc.: Pre-filing Offers for Sale Trigger Patent “On-Sale Bar”

According to the recently-published 2021 US Design Patent Toteboard, Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list.
Continue Reading Quarles & Brady Again a Top Design Patent Firm in 2021

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S. Patent & Trademark Office (USPTO). In the 20 years since the year 2000, nearly 471,000 design patents have been issued, representing an annual issue count of more than three times that of the previous 30 year period. While the overall number of issued designs continues to increase each decade, one particular article of manufacture has seen the largest uptick in popularity among design patents issued over the last ten years: graphical user interfaces.
Continue Reading Recent Trends in Article of Manufacture of Design Claims: A Modern Digital Popularity Contest

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. In this decision, captioned In re: SurgiSil, L.L.P. et al., No. 2020-1940 (Oct. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal Board (“Board”), which had previously affirmed an examiner’s anticipation rejection of a design patent claim for a lip implant based on a prior art reference depicting a similarly-shaped tool for artists.
Continue Reading In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates that help move Chinese Design Patent Law toward harmonization with the laws of most major markets.  As June 1st quickly approaches, the article below highlights and expands upon some of the major updates coming to Chinese Design Patent Law.
Continue Reading A Quick Dive Into the Upcoming Changes to Chinese Design Patent Law