Can I Copy My Competitor’s Product? (Design Patent)
Companies may base their existing and future product lines on new products produced by their competitors. However, businesses must be careful not to infringe upon rights of others when doing so. For example, your competitor may have rights in the utilitarian features (e.g., runs faster, stays cooler, etc.) through a utility patent or the ornamental [...]
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Design Patent Infringement Test
Three types of inventions are eligible for patent protection under the patent laws, specifically utility inventions directed to useful processes, machines, etc. , design inventions relating to ornamental features and plant inventions of asexually reproducible plant varieties. A design invention was at issue in Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 666 (Fed. Cir. [...]
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A Design Patent That Cannot Be Infringed
Under the Federal Circuit’s decision in Lawman Armor Corp. v. Winner International LLC, 77 USPQ2d 2017 (Fed. Cir. 2006), the Federal Circuit affirmed the district court’s holding that Winner (Defendant) did not infringe U.S. Patent No. Des. 357,621 because various patents that Winner cited collectively but not individually disclosed each of Lawman’s (Plaintiff) points of [...]
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