Intellectual Property Litigation

This is the first article in a planned series that will analyze available design protection strategies for various categories of products.

Now that the era of work-from-anywhere and software-for-any-service has fully arrived, obtaining proper legal protection for software is paramount for many companies.  However, due to an expansive interpretation by courts of the “abstract idea” exception to utility patent eligibility in recent years, protection for software-based systems and methods via utility patents has been made difficult.  Accordingly, companies in this space should look to employ design-related rights to protect their software.

In this post, we will address how design patent, copyright, and trademark laws can be employed  to provide protection for software-based designs.
Continue Reading Protecting the Product™: Software

The Federal Circuit’s recent decision in Super-Sparkly Safety Stuff, LLC v. Skyline USA, Inc. reinforces best practices for design patent enforcement and procurement. An important takeaway from this decision is that when enforcing design patents in litigation, patent owners should develop record evidence from fact and expert witnesses to assist the court in the ordinary observer analysis to ensure that motions for summary judgment of non-infringement are decided with a sufficient record. Another important consideration for design patent holders is that when protecting designs, rights holders should consider robust filing strategies to protect iterative and varying aspects of important designs. These strategies may help companies avoid early judgment of non-infringement when they enforce their design patents by limiting the options of a defendant during the early stages of litigation.
Continue Reading Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents

The end-of-year shopping season started strong in 2020 due to the COVID-19 pandemic restrictions that kept many consumers in their homes and buying online. Brand owners and sellers should thus be mindful of the various options at their disposal to stop counterfeit goods from stealing legitimate e-sales and disappointing unsuspecting consumers who are unable to inspect goods when purchasing online.
Continue Reading Tips and Tools for Sellers to Combat Online Counterfeits During the Holiday Shopping Season