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Recent Blog Posts

  • Recap of USPTO's Design Day 2017 The U.S. Patent and Trademark Office (USPTO) held its 11th annual Design Day on April 25, 2017.  Andrew Hirshfeld, Commissioner for Patents, again kicked off this year's presentations with a welcome address and highlights.  Commissioner Hirshfeld also introduced Karen Young, Technology Center (TC) 2900's new director, who took over TC 2900 upon the retirement of former TC 2900 Director Robert Olszewski.   Director Young took the opportunity to introduce herself to the design patent community in attendance and wish former TC 2900 Director Robert Olszewski... More
  • Design Patents Remain a Valuable Part of a Patent Portfolio after Samsung v. Apple On December 6, 2016, the U.S. Supreme Court issued its long awaited opinion addressing the issue of whether design patent owners were always entitled to an infringer’s total profits of any end product, even a multi-component product. Samsung Electronics Co., Ltd. v. Apple Inc., 137 S. Ct. 429 (2016). The Supreme Court overturned the widely held understanding that design patent owners were always entitled to an infringer’s profits and held that total profits are not necessarily available where the patented... More
  • Supreme Court Overturns Apple's $399MM Design Patent Infringement Award Against Samsung Today the U.S. Supreme Court overturned Apple's $399MM design patent infringment award against Samsung.  A copy of the slip opinion can be found here.  An in-depth post is to follow, so please check back soon. ... More
  • Justices Seem Unsatisfied With Design Patent Damages Tests The U.S. Supreme Court heard oral arguments in Samsung Electronics Co., Ltd. v. Apple, Inc. on Oct. 11, as to the following question presented in Samsung’s cert petition: “Where a design patent is applied to only a component of a product, should an award of infringer’s profits be limited to those profits attributable to the component?”   The oral argument drifted between a discussion of how to apply a broad test to answer the question at issue and a discussion of... More
  • ITC Terminates Design Patent-Based 337 Investigation The International Trade Commission (ITC) recently terminated a Section 337 investigation, Certain Quartz Slabs and Portions Thereof (II) (Inv. No. 337-TA-1017), which involved U.S. Patent Nos. (1) D712,666; (2) D712,670; (3) D751,298; (4) D712,161; and (5) D737,058.    Discussed in detail on the Oblon ITC 337 Law Blog here and here, notably, the case involved the assertion of only design patents, the above-identified design patents, directed to quartz slabs.  Also, the Commission declined to send the case to the ITC's Early Disposition Pilot Program, because Respondents' request that the Commission... More