As we wrote about recently here, Examiners continue to rely on the USPTO’s current guidance on the definiteness standard set forth by the Court of Appeals for the Federal Circuit (“Federal Circuit”) in In re Maatita, 900 F.3d 1369, 1377 (Fed. Cir. 2018), that ignores the Federal Circuit’s broader instruction—reasonable certainty is all that is required to satisfy the requirements of 35 U.S.C. § 112, not the specific type or quantities of views that the Applicant has chosen to use. Continue Reading Another Step Forward: Further Updates on In re Maatita and Design Definiteness

The U.S. District Court for the Northern District of California recently determined that the owner of the iconic Dr. Martens trade dress—a famous design that has been used for more than three decades—was entitled to a permanent injunction against ITX USA for its use of footwear designs that are similar to the overall visual impression of the Dr. Martens trade dress.
Continue Reading Dr. Martens Kicks Infringers to the Curb