#utilitypatents — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #utilitypatents, aggregated by home.social.
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U.S. Patent No. 6,448,895 - filed in 2001 for a "kidnap alarm with acceleration sensor." #UtilityPatents
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Today in improper disgorgement demands: Juke Audio Inc. v. Zhongke Wanying (Beijing) Technology, Docket No. 1:25-cv-08469 (N.D. Ill. Jul 23, 2025), www.scribd.com/document/892... #UtilityPatents
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U.S. Patent No. 8,136,962: "[A] remote controlled celebratory lighting/message system that can be permanently affixed to a building or structure that gives the consumer choices to celebrate all their favorite holidays and special occasion i.e. ... Juneteenth..." #UtilityPatents
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U.S. Patent No. 139,121 - issued to Jacob W. Davis and Levi Strauss & Company in 1873 for an "improvement in fastening pocket-openings." #UtilityPatents
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"Short-cut tops"? 🤔 #UtilityPatents patents.google.com/patent/US815...
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See also: U.S. Patent No. 748,626, issued to Elizabeth J. Magie in 1904. #UtilityPatents patents.google.com/patent/US748...
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U.S. Patent No. 2,026,082 - issued in 1935 for a "board game apparatus." #UtilityPatents
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U.S. Patent No. 4,378,116 - issued to Ernö Rubik in 1983 for a "spatial logical toy." #UtilityPatents
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Federal Circuit reverses the grant of a preliminary injunction (based on utility patent and trade dress infringement) in a dispute between indoor "adventure parks":
http://cafc.uscourts.gov/opinions-orders/22-2047.OPINION.2-16-2024_2271523.pdf
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Hey #PatentFedi: If you're not following @GazEtc, you're missing out.
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E. Mishan & Sons, Inc. ("Emson") accuses Mark Feldstein & Associates, Inc. of utility patent, design patent & trade dress infringement:
https://www.scribd.com/document/699782501/Emson-v-MFA-Complaint
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Hyper Ice sues Kohl's for utility & design patent infringement, doesn't include a single picture of any accused product:
https://www.scribd.com/document/699777253/Hyper-Ice-v-Kohl-s-Complaint-sans-exhibits
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In this #ScheduleA case, Floatup (represented by Doniger / Burroughs) asserts a utility patent, but calls--and treats it like--a design patent:
https://www.scribd.com/document/699275045/Floatup-v-Schedule-A-Motion-for-TRO-sans-exhibits
It is not. https://patents.google.com/patent/US11794860B1/en?oq=11%2c794%2c860
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Judge Kendall REFUSES to maintain the asset freeze in a utility patent #ScheduleA case because § 284 does not provide a remedy of equitable disgorgement:
https://www.scribd.com/document/698200535/ABC-v-Schedule-A-23-cv-04131-Order-denying-asset-freeze (h/t @hewittlaw)
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November 7: A group of defendants in a utility patent #ScheduleA case point out the #GrupoMexicano issue.
https://www.scribd.com/document/697952319/AJ-s-Nifty-Prods-v-Schedule-A-PI-Opp-n
November 27: Those defendants are summarily dismissed.
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In November, a jury in Lansing, Michigan found that Opti-luxx was liable for infringing a utility patent and a design patent, both relating to illuminated signs for school buses.
Now, Opti-luxx has filed a renewed motion for judgment as a matter of law on the design patent claim: https://www.scribd.com/document/697432537/Smarttrend-v-Optiluxx-Renewed-motion-for-JMOL
Shall we take a closer look?
#PatentFedi #PatentJuryTrials #UtilityPatents #DesignPatents #SmartrendVersusOptiluxx
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Remember that #ScheduleA case where the plaintiff submitted a bunch of grainy photos as "evidence" of utility patent infringement?
https://mastodon.social/@design_law/110225260838246143
Well, yesterday the judge granted two defendants' motions for bond damages but denied their motions for fees and sanctions:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.596309/gov.uscourts.nysd.596309.76.0.pdf
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In the same case, the judge grants a (joint) motion to sever one defendant and move that claim to Colorado.
Confusingly, the new case is still captioned "Thousand Oaks Barrel Co., LLC v. The Partnerships, Companies, and Unincorporated Associations Identified on Schedule A," even though there is only one defendant.
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More blood in the water in this TOB #ScheduleA case: Another motion to dissolve (filed by the same counsel as the aforementioned motion): https://storage.courtlistener.com/recap/gov.uscourts.vaed.545461/gov.uscourts.vaed.545461.74.0.pdf
This defendant argues, among other things, noninfringement and invalidity.
This is another good example of effective #VisualAdvocacy.
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A #ScheduleA defendant files a motion to dissolve the TRO in one of the TOB cases:
https://www.scribd.com/document/691523305/TOB-1-23-cv-01563-Motion-to-Dissolve
(h/t @hewittlaw)
The Missouri-based defendant notes that TOB "accuses 161 different Defendants—and 236 different product listings—of infringing U.S. Patent No. 11,744,256."
They also make a fairly detailed case for noninfringement by their own product.
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TOB has filed a motion for a TRO in its new utility patent & trade dress #ScheduleA case:
https://www.scribd.com/document/687704257/TOB-23-cv-01563-Motion-for-TRO
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Thousand Oaks Barrel (aka TOB) files new #ScheduleA case, with new counsel, in EDVA:
https://www.scribd.com/document/685193422/Thousand-Oaks-Barrel-v-Schedule-A-EDVA-Complaint
(h/t @sqfreak)
This time, they assert utility patent & (unregistered) trade dress infringement.
Unlike in the NDIL case, Thousand Oaks Barrel does not hide its own name OR the patent numbers.
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These defendants argue that the TRO should be dissolved because, other reasons, the patent is invalid as obvious and because the patentee failed to mark (or maybe because it failed to *allege* marking; the brief is not super clear on this point):
https://storage.courtlistener.com/recap/gov.uscourts.flsd.653608/gov.uscourts.flsd.653608.40.1.pdf
#ScheduleA #UtilityPatents #Hengzechen #PatentMarking #FailureToMark
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Judge Furman (SDNY) GRANTS motion to recover bond damages in a #ScheduleA case!
More details later but this is too big of a deal not to share right away. This is the first time I've seen (or even heard about) a defendant recovering on one of these bonds.
Note that the bond was only $15k, so not even close to making any defendant whole. But it's still a big deal. More of this please, judges!
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Remember Sterne Kessler's #ScheduleA case in EDVA?
https://mastodon.social/@design_law/110530900462821406
The judge held a motion on the motion for a preliminary injunction today.
This part of the minute order is interesting & encouraging): "The Court directs plaintiff to file a chart regarding plaintiffs evidence."
In too many of these cases, the judges don't require meaningful evidence of infringement before granting injunctions. Yes, this motion is contested but still: Good on this judge.
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Boies Schiller files a #ScheduleA complaint, tells the judge the plaintiffs are entitled to disgorgement of profits (they are not):
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Remember the #SubversiveVersusBootstrap trade dress case?
https://mastodon.social/@design_law/110859507180526166
The defendant has filed a motion to dismiss, asserting that the claimed design is covered by an expired utility patent:
https://www.scribd.com/document/676869760/Subversive-v-Bootstrap-MTD-Trade-Dress -
And Sterne's supersecret mystery plaintiff is......
BTL Industries, Inc.
https://storage.courtlistener.com/recap/gov.uscourts.vaed.538190/gov.uscourts.vaed.538190.78.0.pdf
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Every year, I pick a new patent to use as an example for our "anatomy of utility patent" discussion.
This year, I'm going with U.S. Patent No. 10,542,767, which is directed to "pasta with a novel form":
https://patents.google.com/patent/US10542767B2/en?oq=10%2c542%2c767
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Entropic v. Cox - Plaintiff states, in a joint FRCP 26(f) statement, that it is "eligible to recover" design patent damages for utility patent infringement: https://www.scribd.com/document/663718240/Entropic-v-Cox-26-f-Report
No, it is not. That's not a thing.
#ImproperDisgorgementDemands #UtilityPatents #Remedies #PatentFedi