Latest updates for Design Patent Litigation

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Recent items include:

  • 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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natlawreview.com /1 month ago

Design Patent Risk Can Turn on the Record Before a Jury Ever Compares the Products

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illinoislawyernow.com /1 month ago

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...

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illinoislawyernow.com /1 week ago

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...

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illinoislawyernow.com /3 weeks ago

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...

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law360.com /3 days ago

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...

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natlawreview.com /1 month ago

When Broad Patent Claims Need a Backup Plan: Portfolio Lessons From Nielsen v. TVision

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natlawreview.com /1 month ago

License to Litigate: Exclusive Licensee May Sue Without Patent Owner

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law360.com /1 month ago

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...

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ipwatchdog.com /3 days ago

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...

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legaltechdaily.com /1 month ago

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...

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illinoislawyernow.com /1 month ago

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...

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natlawreview.com /1 month ago

Seeing More Clearly: Patent Marking Compliance in the Wake of VDPP v. Volkswagen

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natlawreview.com /3 weeks ago

Constellation Designs v. LG Shows Why Patent Strategy and Standards Strategy Must Work Together

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law360.com /3 weeks ago

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...

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legaltechmonitor.com /1 month ago

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...

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natlawreview.com /1 month ago

Off the Mark- NPE Licensees Must Comply with Patent Marking for Pre-Suit Damages

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wislawjournal.com /1 week ago

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...

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ipwatchdog.com /1 month ago

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...

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law360.com /4 days ago

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...

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law360.com /1 month ago

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...

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illinoislawyernow.com /1 month ago

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...

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law360.com /1 month ago

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...

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law360.com /3 weeks ago

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...

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law360.com /1 month ago

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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Sources covering Design Patent Litigation

natlawreview.com

Recent coverage from public sources
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wislawjournal.com

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illinoislawyernow.com

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ipwatchdog.com

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law360.com

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legaltechdaily.com

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