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#conceptfallacy — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #conceptfallacy, aggregated by home.social.

  1. 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.

  2. 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.

  3. 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

  4. 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

  5. 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?

  6. 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...

  7. 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...

  8. Here's the second accused product. Nope, not infringing. #ConceptFallacy

  9. Here's the second accused product. Nope, not infringing. #ConceptFallacy

  10. 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:

    cafc.uscourts.gov/04-03-2024-2

    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.

    #DesignPatents #SkullShaver #ConceptFallacy

  11. 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:

    cafc.uscourts.gov/04-03-2024-2

    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.

    #DesignPatents #SkullShaver #ConceptFallacy

  12. 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.

    #ConceptFallacy

  13. 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.

    #ConceptFallacy

  14. Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:

    scribd.com/document/708509893/

    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.

    #DesignPatents #PatentFedi #ConceptFallacy

  15. Blue Spring v. #ScheduleA - This complaint (filed by Boies Schiller) is going in my all-time worst design patent infringement claims file:

    scribd.com/document/708509893/

    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.

    #DesignPatents #PatentFedi #ConceptFallacy

  16. 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):

    scribd.com/document/700594731/

    #DesignPatents #ConceptFallacy #Jezign

  17. 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):

    scribd.com/document/700594731/

    #DesignPatents #ConceptFallacy #Jezign

  18. Concept fallacy, wastewater edition: scribd.com/document/695062605/

    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.

    #ConceptFallacy #DesignPatents #Screenco

  19. Concept fallacy, wastewater edition: scribd.com/document/695062605/

    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.

    #ConceptFallacy #DesignPatents #Screenco

  20. SAJ sues Oettinger Davidoff again; its infringement claims are no better than the last time: design-law.tumblr.com/post/732

    Remember: A design patent covers the *entire* claimed shape, not the general idea (let alone just "the integrated rests").

    #DesignPatents #ConceptFallacy

  21. SAJ sues Oettinger Davidoff again; its infringement claims are no better than the last time: design-law.tumblr.com/post/732

    Remember: A design patent covers the *entire* claimed shape, not the general idea (let alone just "the integrated rests").

    #DesignPatents #ConceptFallacy

  22. 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:

    patents.google.com/patent/USD9

    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

    #DesignPatents

  23. 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:

    patents.google.com/patent/USD9

    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

    #DesignPatents

  24. 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

  25. 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

  26. Willow v. Chiaro - New utility & design patent case over breast pumps: design-law.tumblr.com/post/718

    It appears that this plaintiff may have fallen victim to the #ConceptFallacy. These shapes are not even close to looking the same.

    #DesignPatents

  27. Willow v. Chiaro - New utility & design patent case over breast pumps: design-law.tumblr.com/post/718

    It appears that this plaintiff may have fallen victim to the #ConceptFallacy. These shapes are not even close to looking the same.

    #DesignPatents

  28. 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.

  29. 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.

  30. 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. design-law.tumblr.com/post/715

    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.

    #DesignPatents #Litigation #ConceptFallacy