Latest updates for Design Patent Litigation
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- Design Patent Risk Can Turn on the Record Before a Jury Ever Compares the Products
- Design Patent Summary Judgment and Permanent Injunction Against Schedule A Defendant
- Comparing Patent Drawings and Accused Product Photos Suffices to State a Design Patent Infringement Claim at the Pleadin
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Design Patent Summary Judgment and Permanent Injunction Against Schedule A Defendant
GZ Long Ya Trading Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 24-cv-4193, (N.D. Ill. Apr. 24, 2026) (Holleb Hotaling, Mag. J.). Mag...
Comparing Patent Drawings and Accused Product Photos Suffices to State a Design Patent Infringement Claim at the Pleadin...
Juncheng Kao v. Hengda Kite, No. 25 C 8491, (N.D. Ill. May 26, 2026) (Alonso, J.). Judge Alonso denied defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss in this design patent...
Failure to Contest Waives Damages Arguments Resulting in Full Profit Award
GZ Long Ya Trading Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule “A” (Defendant Tonchean), No. 24-cv-4193, (N.D. Ill. May 29, 2026) (Holleb H...
What $5.7B Apple Verdict Reveals About Patent Risk
A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorpo...
When Broad Patent Claims Need a Backup Plan: Portfolio Lessons From Nielsen v. TVision
License to Litigate: Exclusive Licensee May Sue Without Patent Owner
Fed. Circ. Should Redefine Functionality In Design Patents
The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity...
Must All Good Things Come to an End, Or Can You Obtain a Perpetual Design Patent?
Many intellectual property rights peacefully coexist because they apply to distinct aspects of a product. Issues can arise when intellectual property rights that expire and intelle...
Apple Targets Patent in New PTAB Challenge, IPR2026-00500
Apple Inc. has filed a new inter partes review petition at the Patent Trial and Appeal Board, opening IPR2026-00500 on September 19, 2026. For patent litigators and in-house IP tea...
Lanham Act Cannot be Used to Repackage Patent Claims
Bright Hand LLC v. Shenzhen Aoya Kuajing Dianzi Shangwu Youxiangongsi d/b/a Mylivell, No. 1:25-cv-11700, (N.D. Ill. May 26, 2026) (Coleman, J.). Judge Coleman, in this patent infri...
Seeing More Clearly: Patent Marking Compliance in the Wake of VDPP v. Volkswagen
Constellation Designs v. LG Shows Why Patent Strategy and Standards Strategy Must Work Together
The Patent Circuit: Marking Duties For Licensed Tech
The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the qu...
Apple Targets Patent in New PTAB Challenge, IPR2026-00500
Apple Inc. has filed a new inter partes review petition at the Patent Trial and Appeal Board, opening IPR2026-00500 on September 19, 2026. For patent litigators and in-house IP tea...
Off the Mark- NPE Licensees Must Comply with Patent Marking for Pre-Suit Damages
Appleton’s BenShot sues Petco over pint glass patent
Appleton-based BenShot sues Petco for patent infringement, alleging the retailer copied its golf ball pint glass design and seeking damages and a recall. The post Appleton’s BenSho...
SpaceTime3D Gets Mixed Results at Federal Circuit in Pair of Appeals from Apple and Google IPRs
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday handed SpaceTime3D, Inc. mixed results in two nonprecedential decisions involving graphical user interface patent...
Justices Urged to Reject Patent Inventorship Appeal
Fencing company Digger Specialties says the U.S. Supreme Court shouldn't take up a challenge to a Federal Circuit finding that invalidated a patent it was accused of infringing, hi...
ITC To Review Part Of Judge's Decision In Tool Patent Row
The U.S. International Trade Commission will review parts of an administrative law judge's ruling that four patents on glow fish tape and a safety helmet system are not invalid in...
IP Protection for Physical Products: What to File First
Patents, trademarks, trade secrets, copyright, trade dress—physical products can need all of them. Here’s what each covers and the order that actually makes sense. The post IP Prot...
How Did Litigants Fare In Judge Albright's 55 Patent Trials?
U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there...
Albright Tells Inventors That Attys Should Talk A Lot Less
Former U.S. District Judge Alan Albright told attendees at a US Inventor conference Thursday that litigators should speak less in jury trials, while current and former U.S. Patent...
Patent Marking Case Will Shape License Talks And Damages
A Federal Circuit ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages will complicate licensing...
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