Design Patent Infringement – Dissenting Opinion

INTRODUCTION: I recently discussed the usefulness of pursuing design patents.  The Federal Circuit just ruled on a case of design patent infringement.  Lanard Toys Ltd., v. Dolgen Corp LLC, 19-1781 (Fed. Cir. 2020).  An image copy of the object subject of the design patent is compared below to the claimed infringing product.  Note that the Federal Circuit decision makes…

Read More →

Design Patents: $1 Billion Stepchild

INTRODUCTION: Everyone remembers Apple being awarded $1 billion in damages against Samsung for copying the design of Apple’s iPhone.  The award was the product of Apple obtaining a patent on a smart phone design, particularly the curved corners of the smart phone frame.  Samsung’s copying of a curved frame probably seemed a trivial detail to some.  However Apple…

Read More →