kathleenthelaw, 3 months ago

@design_law this is just embarrassing levels of lawyering for Boies Schiller, which can certainly afford to do better

design_law, 3 months ago

This first patent is NOT a design patent.

How do I know, without even pulling up the patent?

Well, the drawing was the first clue.

Then there's the number. There are not even 2 million DPs, let alone 9 million.

design_law, 3 months ago

But maybe the "D" was just a typo. Let's see.

No, they seriously seem to think this is a DP. (It is not.)

design_law, 3 months ago

For actual design patents, yes, we compare the figures in the patent to the accused products.

That is NOT the test for utility patent infringement.

This is really basic stuff.

design_law, 3 months ago

For anyone who is interested in the details of the two infringement tests, check out our free patent casebook: https://patentlawcasebook.com/

design_law, 3 months ago

And as you all know, § 289 damages are only available for certain acts of design patent infringement. They are not available for any acts of utility patent infringement.

#ImproperDisgorgementDemands

design_law, 3 months ago

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

accused mermaid tail that does not infringe
accused mermaid tail that does not infringe

design_law, 3 months ago

But the judge will probably grant a TRO and freeze these defendants' assets. Because that's just what happens in these cases.

design_law, 3 months ago

And there's #CounterfeitRhetoric here, too. (As far as I can tell from the public screen shots, neither accused listing uses the asserted FUN FINS mark.)

design_law, 3 months ago

Ugh, this one is so bad. It might need to go in the next draft of my paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

design_law, 3 months ago

Oh, by the way, this is not Boies' first #ImproperDisgorgementDemand:

https://mastodon.social/

design_law, 3 months ago

Looking at all the asserted copyright registrations, which differ significantly from each other and differ extremely from the patented design, I also have lots of questions about the purported basis for #joinder here.