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7 May 2013, 5:00 am by Chris Neumeyer
Kappos explains, because the increasing functionality of man-made devices brings with it increasing complexity, so innovative companies are constantly seeking superior designs, a convergence of form and function that helps make the complex simple and sets their companies apart; and protecting such designs is critical. [read post]
21 Dec 2016, 11:00 pm by Jani Ihalainen
The case of Samsung Electronics Co. v Apple Inc., dealt with design patents owned by Apple on aspects of the iPhone, in particular a black rectangular design (D618,677), the same with a bezel on a surrounding rim (D593,087), and a colourful grid of 16 icons on a black screen (D604,305). [read post]
13 Jan 2009, 9:47 am
 In theory, it is relatively simple to apply to a design with only one feature distinguishing it from a single prior art reference. [read post]
8 Aug 2013, 5:00 am by Bexis
Shears, 911 S.W.2d 379, 384-85 (Tex. 1995).An alternative to a cigarette, that isn’t really a cigarette, is not a valid alternative design:[A] manufacturer cannot be held liable for failing to adopt an alternative product design that has not been shown to retain the inherent usefulness the product offers when manufactured according to the more risky (but otherwise lawful) design that was actually [read post]
16 Nov 2009, 12:25 pm
Samara), design patents have begun be more aggressively asserted by manufacturers in place of (or alongside) trade dress claims. [read post]
30 Aug 2021, 3:26 am
"Method of Manufacture: The fourth Morton-Norwich factor - whether the design results from a relatively simple or cheap method of manufacturing the product - is likewise irrelevant in light of the Boadr's findings regarding the first two Morton-Norwich factors. [read post]
16 Nov 2009, 12:25 pm by Dennis Crouch
Samara), design patents have begun be more aggressively asserted by manufacturers in place of (or alongside) trade dress claims. [read post]
13 May 2019, 3:33 am
Moreover, even if the container is not "comparatively simple or cheap to manufacture, this does not mean that the design is not functional. [read post]
1 Aug 2018, 2:57 pm by Lawrence B. Ebert
The beginning of the opinion by Judge Pauline Newman:Advantek Marketing, Inc. is the owner of design patentNo. [read post]
28 Jan 2013, 3:33 am by John L. Welch
The Board noted, however, that not all container designs are relevant: pouches, bags, and boxes are not suitable for wet pet food, and non-circular cans may be more costly and not as readily opened by a simple can opener.As to cost of manufacture, Mars argued that it could have chosen a "stock" container, which purportedly would have been "an easier and cheaper alternative." [read post]
24 Jan 2013, 2:56 am by John L. Welch
However, the Board found that Lululemon's wave design "is rather simple and looks like piping." [read post]