#patentfedi — Public Fediverse posts

Get excited: Our 2024-2025 (free) patent casebook supplement is here! https://patentlawcasebook.com/

Featuring, among other things, an all-new edit of #LKQvGM:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4544911

#LawFedi #LawProfs #PatentFedi

Fellow #LawProfs: Do you have a question you find yourself asking over and over when you are commenting on other peoples' drafts?

Mine is: Is this a patent paper or a utility patent paper?

#PatentFedi #LawFedi #IPScholarship

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.

#DesignPatents #PatentFedi #ConceptFallacy

Side note: This complaint was filed with the design patent number redacted. That means that litigation search reports like this one (from the reexam file) would have missed it, even if the search had been performed after the complaint was filed.

#PTAB #PatentFedi

Welcome to the fedi, @BrianJLove! #LawProfs #LawSchools #LawFedi #PatentFedi

I talk quite a bit about #CounterfeitRhetoric on here.

If you're interested in learning more, I just posted a draft of my working paper on the topic, "The Counterfeit Sham": https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

This paper includes a discussion of the #ScheduleA litigation model, the border-seizure bill that some want to resurrect in Congress & "terrorism" talk.

#DesignPatents #Counterfeiting #LegalScholarship #LawFedi #PatentFedi

MED v. Impresa - New design patent case over "products used to treat chronic thumb sucking" https://design-law.tumblr.com/post/724630206094114816/does-this-thumb-sucking-prevention-device-infringe

This raises interesting issues about the use of interior broken lines. What, exactly, do they mean there? This matters not just because of the differently-shaped holes on the thumb-covering portion but also because the accused product has a hole where the claimed design has a solid surface.

#DesignPatents #BrokenLines #PatentFedi

An interesting nugget in this round-up of "5 Patent Cases To Watch In The Second Half Of 2023" from Law360:

"The rehearing approval noted that the court's newest member, U.S. Circuit Judge Tiffany Cunningham, would not be participating. A representative for the court confirmed that Judge Newman will be on the panel, pointing to a section of the U.S. Code that defines en banc panels as all active judges."

https://www.law360.com/ip/articles/1697857?nl_pk=fd062d42-234e-4b6a-b9b5-4052fd7ef7ac&utm

#LKQ #PatentFedi

Knauf Insulation v. Johns Manville: The defendant has asked the court to move the trial back until at least January 2024, in light of the Federal Circuit taking #LKQ en banc (among other reasons):

https://design-law.tumblr.com/post/109827365756/does-this-fiberglass-building-insulation-infringe

#DesignPatents #PatentFedi #KnaufVersusJM

ICYMI: The Federal Circuit granted rehearing en banc in a design patent case and I have (more) thoughts: https://patentlyo.com/patent/2023/07/design-patent-exceptionalism.html

For some prior thoughts on this case: https://patentlyo.com/patent/2022/12/defense-rosen-references.html

For a longer, deeper discussion of the issues at stake: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

#DesignPatents #PatentFedi #LKQ #Rosen #LawFedi

Just had a conversation with an attorney who is interesting in developing a design patent course they could teach as an adjunct.

I am 100% in favor of more design patent education and would be happy to talk to anyone else who's interested in trying to pitch something like this to a law school.

#LawSchools #LawFedi #PatentFedi