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

Another example of :

design_law,
@design_law@mastodon.social avatar

For those who don't know, design patent infringement is not the same as--nor inextricably linked with--counterfeiting.

See https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

design_law, to random
@design_law@mastodon.social avatar

In copyright case (before Judge Kennelly) a group of defendants accuses the plaintiff of all kinds of misconduct, including bad faith withholding of TRO documents and judge shopping:

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.457543/gov.uscourts.ilnd.457543.44.0.pdf

design_law,
@design_law@mastodon.social avatar

Oof.

pyperkub,
@pyperkub@mastodon.social avatar

@design_law "Immediately, if not sooner" :)

design_law, to random
@design_law@mastodon.social avatar

Margin notes without context:

design_law, to random
@design_law@mastodon.social avatar

Okay, so I don't use the f-word lightly but:

This is a shockingly frivolous design patent infringement claim:

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.457552/gov.uscourts.ilnd.457552.36.0.pdf

Yes, it's in a case.

The TRO documents are still under seal so I don't know what the other claims look like.

But this is not inspiring confidence.

design_law,
@design_law@mastodon.social avatar

The test for design patent infringement asks whether the accused product has the same shape. NOT whether it embodies the same idea or larger design concept.

design_law, to random
@design_law@mastodon.social avatar

Some more assorted thoughts on :

design_law,
@design_law@mastodon.social avatar
  1. The "thousands of existing design patents are now at risk!" critique is not nearly as damning as some lawyers seem to think it is. That's what happens whenever the law changes. Move on.
design_law,
@design_law@mastodon.social avatar
  1. I'm equally unsympathetic to arguments that this decision will "hurt SMEs." You know what else hurts SMEs? Bad design patents.
design_law, to random
@design_law@mastodon.social avatar

Now on the summer to-do list:

design_law, to random
@design_law@mastodon.social avatar

Law360 coverage of , featuring some comments from me and several high-profile design practitioners:
https://www.law360.com/ip/articles/1839570?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

design_law, to random
@design_law@mastodon.social avatar

Okay, got two panels in the works. One online, soon; one in Chicago, in the fall. Stay tuned.

design_law, (edited ) to random
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Will GM file a cert petion?

design_law, to random
@design_law@mastodon.social avatar

TFW a judge describes AIPLA, INTA and that weird Charles Mauro outfit as "organizations with a primary interest in the stability and clarity of the law."

😬 😬 😬

design_law,
@design_law@mastodon.social avatar

For those who aren't familiar: These aren't neutral groups. They are promoting their own economic interests. Which is fine. As long as you understand that.

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

@kathleenthelaw Lol, fair!

kathleenthelaw,
@kathleenthelaw@mastodon.social avatar

@design_law use 😛

design_law, to random
@design_law@mastodon.social avatar

Another good joinder decision, this time out of SDFL.

design_law,
@design_law@mastodon.social avatar

But there's more!

"Defendants are collectively engaged in counterfeiting activities, operating under fictitious names and are all based in China."

Okay, first of all, you have not alleged--let alone proven--any counterfeiting.

Second, the fact that they're all (allegedly) from China doesn't support joinder.

design_law,
@design_law@mastodon.social avatar

@rticks It's basically a shakedown scheme. Some of the targets may actually be infringers. But not necessarily. And even when/if they are, these plaintiffs appear to be demanding more (sometimes, much more) than the amount of damages they could recover in regular litigation.

For more details, see Part II(B) here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

design_law, to random
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What fresh hell is this?

design_law,
@design_law@mastodon.social avatar

Note that this complaint alleges a single cause of action, for design patent infringement.

And yes, the complaint is full of .

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.458024/gov.uscourts.ilnd.458024.1.0.pdf

design_law,
@design_law@mastodon.social avatar

Do the underlying DP infringement claims have any merit? We can't know because:

design_law, to random
@design_law@mastodon.social avatar

"British Comic Artist Petitions USPTO To Cancel ‘Super Hero’ Trademark Held By DC, Marvel."

Good.

https://www.techdirt.com/2024/05/20/british-comic-artist-petitions-uspto-to-cancel-super-hero-trademark-held-by-dc-marvel/

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