design_law, to random
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Skull Shaver v. Ideavillage: Federal Circuit affirms, per Rule 36, the district court's (entirely correct) ruling that the accused Ideavillage product does not infringe the asserted design patent:

https://cafc.uscourts.gov/04-03-2024-23-1457-skull-shaver-llc-v-ideavillage-products-corp-rule-36-judgment-23-1457-rule_36_judgment-4-3-2024_2295479/

Remember, a design patent protects the actual shape and/or surface design that is shown in the drawings, not the larger design or product concept.

design_law, to random
@design_law@mastodon.social avatar

Blue Spring v. - 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.

design_law,
@design_law@mastodon.social avatar

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.

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

design_law, to random
@design_law@mastodon.social avatar

Jezign is back at it again, asserting its narrow shoe-sole design patent against products that don't infringe it (this time, ones sold by Poshmark):

https://www.scribd.com/document/700594731/Jezign-v-Poshmark-Complaint

an accused shoe which has a totally differently-shaped sole

design_law, to random
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A group of defendants fights back in a Miami case: https://www.scribd.com/document/695072739/Wearable-Shoe-Tree-v-Schedule-A-Certain-defendants-opp-n-to-motion-for-PI

The defendants are right. This product does not infringe this patent.

design_law, to random
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design_law, to random
@design_law@mastodon.social avatar

Concept fallacy, wastewater edition: https://www.scribd.com/document/695062605/Screenco-v-Cordova-Complaint

Remember, to infringe a design patent, the accused product has to look the same as the whole claimed design. It's not enough that it does the same thing. Or looks like part of the claimed design.

image from the complaint showing that the interior of the claimed design is very different from that of the accused product

design_law, to random
@design_law@mastodon.social avatar

SAJ sues Oettinger Davidoff again; its infringement claims are no better than the last time: https://design-law.tumblr.com/post/732110457711869952/does-this-glass-infringe-this-design-patent

Remember: A design patent covers the entire claimed shape, not the general idea (let alone just "the integrated rests").

design_law, to UXDesign
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Shunock v. Apple - New complaint alleging infringement of several design patents for GUI designs:

https://design-law.tumblr.com/post/730800723415171072/does-this-gui-infringe-these-design-patents-those

This plaintiff appears to be laboring under the .

design_law, (edited ) to random
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Zhao v. - The plaintiff alleges design patent infringement but doesn't include the patent or patent number.

The complaint itself doesn't suggest any reason why this secrecy might be necessary or proper.

An exhibit cover sheet avers that "[a] corresponding motion is being filed herewith to seal the asserted patent," but no such motion is on the docket.

https://www.scribd.com/document/674240493/Zhao-v-Schedule-A-Complaint

Color me extremely skeptical about this one.

design_law,
@design_law@mastodon.social avatar

Anyway, there is a design patent issued to an inventor with a name matching the plaintiff's--D990,207, which contains an extremely narrow claim for a design for a shelf:

https://patents.google.com/patent/USD990207S1/en?inventor=MAOHUA+ZHAO&country=US&type=DESIGN

If this is, indeed, the asserted patent, I have to wonder if this is going to be (or at least contain) more examples of the

design_law, to random
@design_law@mastodon.social avatar

Hey, check it out: A case where the exhibits--including Schedule A itself--is NOT filed under seal: https://www.scribd.com/document/661257803/Simply-Mossy-Art-Mossify-v-Schedule-A-Complaint

To their credit, they also publicly filed their screenshots of the accused product pages.

design_law, (edited )
@design_law@mastodon.social avatar

Remember, design patents cover the shape claimed, not the general design concept. A quick skim of the exhibits suggests that the plaintiff may be confused about that basic principle of design patent law.

design_law, to random
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