#conceptfallacy — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #conceptfallacy, aggregated by home.social.
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Nope, not infringing. #ConceptFallacy
Also: What is up with the "inter alia" here? They've stated the Goddess test. There is no other test. No other way to infringe. -
Nope, not infringing. #ConceptFallacy
Also: What is up with the "inter alia" here? They've stated the Goddess test. There is no other test. No other way to infringe. -
Today in "Nope, Not Infringing": Parting Stone, Inc. v. Remember Me Pebbles LLC, Docket No. 2:26-cv-00931 (W.D. Wash. Mar 18, 2026). This patent covers a design for "solidified cremation remains," as show in in the drawing. Not any stone-shaped solidified remains. #ConceptFallacy
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Today in "Nope, Not Infringing": Parting Stone, Inc. v. Remember Me Pebbles LLC, Docket No. 2:26-cv-00931 (W.D. Wash. Mar 18, 2026). This patent covers a design for "solidified cremation remains," as show in in the drawing. Not any stone-shaped solidified remains. #ConceptFallacy
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Okay, finally got a chance to listen to the recording and...oof. Plaintiff's counsel argued at one point (paraphrased): Well, yeah, that feature doesn't LOOK the same but it's still there in the accused product. #ConceptFallacy much?
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Same concept? Yes. Same shape? No way. #ConceptFallacy
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Same concept? Yes. Same shape? No way. #ConceptFallacy
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Let's look at the plaintiff's response. There is a design patent at issue here. It is not infringed (at least by this product). #ConceptFallacy www.scribd.com/document/867...
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Let's look at the plaintiff's response. There is a design patent at issue here. It is not infringed (at least by this product). #ConceptFallacy www.scribd.com/document/867...
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New design patent & trade secret case over swimsuits: www.scribd.com/document/858... #ConceptFallacy
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New design patent & trade secret case over swimsuits: www.scribd.com/document/858... #ConceptFallacy
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Here's the second accused product. Nope, not infringing. #ConceptFallacy
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Here's the second accused product. Nope, not infringing. #ConceptFallacy
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Judge in the WDWA (quite correctly) rejects mermaid-blanket design patent infringement claims against Amazon: https://storage.courtlistener.com/recap/gov.uscourts.wawd.329262/gov.uscourts.wawd.329262.30.0.pdf #ConceptFallacy
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Judge in the WDWA (quite correctly) rejects mermaid-blanket design patent infringement claims against Amazon: https://storage.courtlistener.com/recap/gov.uscourts.wawd.329262/gov.uscourts.wawd.329262.30.0.pdf #ConceptFallacy
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Skull Shaver v. Ideavillage: Federal Circuit affirms, per Rule 36, the district court's (entirely correct) ruling that the accused Ideavillage product does not infringe the asserted design patent:
Remember, a design patent protects the actual shape and/or surface design that is shown in the drawings, *not* the larger design or product concept.
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Skull Shaver v. Ideavillage: Federal Circuit affirms, per Rule 36, the district court's (entirely correct) ruling that the accused Ideavillage product does not infringe the asserted design patent:
Remember, a design patent protects the actual shape and/or surface design that is shown in the drawings, *not* the larger design or product concept.
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Anyway, here are the pictures in the complaint that show the asserted DP and two accused product. Neither of these products infringe this design patent.
And it's not even close.
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Anyway, here are the pictures in the complaint that show the asserted DP and two accused product. Neither of these products infringe this design patent.
And it's not even close.
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Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:
https://www.scribd.com/document/708509893/Blue-Spring-v-Schedule-A-Complaint
Not only are the two design patent infringement claims that are actually alleged in the complaint absolutely baseless, the plaintiff (or perhaps more correctly, their attorneys) don't seem to understand the difference between a design patent and a utility patent.
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Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:
https://www.scribd.com/document/708509893/Blue-Spring-v-Schedule-A-Complaint
Not only are the two design patent infringement claims that are actually alleged in the complaint absolutely baseless, the plaintiff (or perhaps more correctly, their attorneys) don't seem to understand the difference between a design patent and a utility patent.
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Jezign is back at it again, asserting its narrow shoe-sole design patent against products that don't infringe it (this time, ones sold by Poshmark):
https://www.scribd.com/document/700594731/Jezign-v-Poshmark-Complaint
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Jezign is back at it again, asserting its narrow shoe-sole design patent against products that don't infringe it (this time, ones sold by Poshmark):
https://www.scribd.com/document/700594731/Jezign-v-Poshmark-Complaint
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A group of defendants fights back in a Miami #ScheduleA case: https://www.scribd.com/document/695072739/Wearable-Shoe-Tree-v-Schedule-A-Certain-defendants-opp-n-to-motion-for-PI
The defendants are right. This product does not infringe this patent.
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A group of defendants fights back in a Miami #ScheduleA case: https://www.scribd.com/document/695072739/Wearable-Shoe-Tree-v-Schedule-A-Certain-defendants-opp-n-to-motion-for-PI
The defendants are right. This product does not infringe this patent.
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Concept fallacy, hanging hooks edition: https://www.scribd.com/document/695064350/Jacki-Easlick-v-CJ-Emerald-Complaint
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Concept fallacy, hanging hooks edition: https://www.scribd.com/document/695064350/Jacki-Easlick-v-CJ-Emerald-Complaint
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Concept fallacy, wastewater edition: https://www.scribd.com/document/695062605/Screenco-v-Cordova-Complaint
Remember, to infringe a design patent, the accused product has to look the same as the whole claimed design. It's not enough that it does the same thing. Or looks like *part* of the claimed design.
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Concept fallacy, wastewater edition: https://www.scribd.com/document/695062605/Screenco-v-Cordova-Complaint
Remember, to infringe a design patent, the accused product has to look the same as the whole claimed design. It's not enough that it does the same thing. Or looks like *part* of the claimed design.
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SAJ sues Oettinger Davidoff again; its infringement claims are no better than the last time: https://design-law.tumblr.com/post/732110457711869952/does-this-glass-infringe-this-design-patent
Remember: A design patent covers the *entire* claimed shape, not the general idea (let alone just "the integrated rests").
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SAJ sues Oettinger Davidoff again; its infringement claims are no better than the last time: https://design-law.tumblr.com/post/732110457711869952/does-this-glass-infringe-this-design-patent
Remember: A design patent covers the *entire* claimed shape, not the general idea (let alone just "the integrated rests").
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Shunock v. Apple - New complaint alleging infringement of several design patents for GUI designs:
This plaintiff appears to be laboring under the #ConceptFallacy.
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Shunock v. Apple - New complaint alleging infringement of several design patents for GUI designs:
This plaintiff appears to be laboring under the #ConceptFallacy.
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Anyway, there is a design patent issued to an inventor with a name matching the plaintiff's--D990,207, which contains an extremely narrow claim for a design for a shelf:
https://patents.google.com/patent/USD990207S1/en?inventor=MAOHUA+ZHAO&country=US&type=DESIGN
If this is, indeed, the asserted patent, I have to wonder if this is going to be (or at least contain) more examples of the #ConceptFallacy
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Anyway, there is a design patent issued to an inventor with a name matching the plaintiff's--D990,207, which contains an extremely narrow claim for a design for a shelf:
https://patents.google.com/patent/USD990207S1/en?inventor=MAOHUA+ZHAO&country=US&type=DESIGN
If this is, indeed, the asserted patent, I have to wonder if this is going to be (or at least contain) more examples of the #ConceptFallacy
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Remember, design patents cover the shape claimed, not the general design concept. A quick skim of the exhibits suggests that the plaintiff may be confused about that basic principle of design patent law. #ConceptFallacy
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Remember, design patents cover the shape claimed, not the general design concept. A quick skim of the exhibits suggests that the plaintiff may be confused about that basic principle of design patent law. #ConceptFallacy
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Sunshine v. Final Bell: New trade dress & design patent case over vaporizer packaging:
https://design-law.tumblr.com/post/719557648859693056/do-either-of-these-products-infringe-this-design -
Sunshine v. Final Bell: New trade dress & design patent case over vaporizer packaging:
https://design-law.tumblr.com/post/719557648859693056/do-either-of-these-products-infringe-this-design -
Willow v. Chiaro - New utility & design patent case over breast pumps: https://design-law.tumblr.com/post/718382441371451392/does-this-breast-pump-infringe-this-design-patent
It appears that this plaintiff may have fallen victim to the #ConceptFallacy. These shapes are not even close to looking the same.
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Willow v. Chiaro - New utility & design patent case over breast pumps: https://design-law.tumblr.com/post/718382441371451392/does-this-breast-pump-infringe-this-design-patent
It appears that this plaintiff may have fallen victim to the #ConceptFallacy. These shapes are not even close to looking the same.
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To paraphrase an excellent question I got this semester: "Why are so many design patent infringement claims filed in court so....bad?"
I don't know for sure. But I suspect it's mostly a combination of not understanding the #EgyptianGoddess test (see, e.g., the #ConceptFallacy) and/or trying to push its boundaries.
I don't like to assume my fellow attorneys are knowingly filing nonmeritorious claims but, of course, that may sometimes be happening, too.
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To paraphrase an excellent question I got this semester: "Why are so many design patent infringement claims filed in court so....bad?"
I don't know for sure. But I suspect it's mostly a combination of not understanding the #EgyptianGoddess test (see, e.g., the #ConceptFallacy) and/or trying to push its boundaries.
I don't like to assume my fellow attorneys are knowingly filing nonmeritorious claims but, of course, that may sometimes be happening, too.
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Concept fallacy: Massage-tool edition: https://design-law.tumblr.com/post/715841594470924288/does-this-massage-tool-infringe-this-design
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Concept fallacy: Massage-tool edition: https://design-law.tumblr.com/post/715841594470924288/does-this-massage-tool-infringe-this-design
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Update: The judge has denied the defendant's motion for summary judgment in the earbud-case case as “premature” because the Markman hearing isn’t scheduled until July. https://design-law.tumblr.com/post/715570738434834432/do-these-earbud-cases-infringe-this-design-patent
Sorry, but no amount of claim construction can save these infringement claims. Honestly, this could have been a (very meritorious) motion to dismiss. Forcing the parties to do more pointless briefing on this issue is a waste of everyone's time and money.