Andy O'Brien

Whole-brain Design IP updates on new rights, actions, and rulings - way better than half-wit.

[Andy O'Brien @2WitDesign]

#Design solutions and then... repeat #designpatents #IP #patents @uspto @SHBLaw @YETICoolers @TheTileApp @ElectraMecc @RoyoleOfficial @illycaffe

[Andy O'Brien @2WitDesign]

Consistent with today's precedential ruling in Curver vs. Home Expressions - https://t.co/47gcKELAq9
@SHBLaw

[Andy O'Brien @2WitDesign]

New #designpatent. The Examiner cited only two utility patents related to virtual selection of clothes or augmented reality fitting - the title was used to interpret/limit the claim. Typically, a patent owner would want to assert the design against any pant. #curver

[Andy O'Brien @2WitDesign]

Based on today's precedential ruling in Curver vs. Home Expressions - https://t.co/47gcKELAq9 - there is a good argument it would be improper to cite a "Hose Reel Enclosure" or a "Flower Container" if the title is "Pattern for a Chair." @shblaw

[Andy O'Brien @2WitDesign]

US D858111 issued today for "Thermoplastic Wicker Panel." Art cited in prosecution included (among others) Hose Reel Enclosure US D707108 and Flower Container US D735602. If the title was Pattern for a Chair (US D677946), would the same/similar art have been searched/cited?

[Andy O'Brien @2WitDesign]

@design_law @ChrisCarani The below might be vulnerable based on... "our law has never sanctioned granting a design patent for a surface ornamentation in the abstract such that the patent’s scope encompasses every possible article of manufacture to which the surface ornamentation is applied."

[Andy O'Brien @2WitDesign]

US D858111 issued today for "Thermoplastic Wicker Panel." Art cited in prosecution included (among others) Hose Reel Enclosure US D707108 and Flower Container US D735602. If the title was Pattern for a Chair (US D677946), would the same/similar art have been searched/cited?

[Andy O'Brien @2WitDesign]

@bartepp @cwaynefish

[Andy O'Brien @2WitDesign]

ITC ruling in favor of @Snap_Power finding infringement of #designpatent. Other Respondents settled previously, including Alltrade Tools - https://t.co/kN8qKE6yNy - in which the accused product was the PowerGlow wall outlet plate. Complaint/Ruling at https://t.co/gsEl3MCAW9

[Andy O'Brien @2WitDesign]

ITC ruling in favor of @Snap_Power finding infringement of #designpatent. Other Respondents settled previously, including Alltrade Tools - https://t.co/kN8qKE6yNy - in which the accused product was the PowerGlow wall outlet plate. Complaint/Ruling at https://t.co/gsEl3MCAW9

[Andy O'Brien @2WitDesign]

New #designpatent. The Examiner cited only two utility patents related to virtual selection of clothes or augmented reality fitting - the title was used to interpret/limit the claim. Typically, a patent owner would want to assert the design against any pant. #curver

[Andy O'Brien @2WitDesign]

... here is the complaint https://t.co/484mvWEuiN

[Andy O'Brien @2WitDesign]

Recent #designpatent infringement case. With this filing strategy, is attention unnecessarily (and possibly undesirably) drawn to the lines claimed in the '735 patent (and disclaimed in the '512 patent)? Would the Plaintiff have been better off with only the '735 patent?

[Andy O'Brien @2WitDesign]

@design_law Looks like the claimed design includes color

[George Raynal @GeorgeRaynal]

Refusal to register copyright in sneaker designs reversed: "The Board believes that the Works contain a sufficient amount of original and creative two- and three-dimensional authorship for registration." #yeezy #sneakerIP

https://t.co/biomV6KqkA

[Shook, Hardy & Bacon @SHBLaw]

Happy 1st Birthday, @2WitDesign! Last year, @SHBLaw attorney Andy O'Brien launched 2WitDesign, an innovative take on #design #patent reporting. Check it out, here: https://t.co/YqcGuwi0GG

[Andy O'Brien @2WitDesign]

Full complaint at https://t.co/EbxVATAKzM

[Andy O'Brien @2WitDesign]

#designpatent action filed by @KessPlay against @fivebelow - link in added tweet below

So, would an ordinary purchaser of the accused product, knowing prior designs, be deceived into purchasing the accused product, supposing it to be the patented design? @SHBLaw

[Andy O'Brien @2WitDesign]

A quick glance at the 13 claims... #designpatents

[Andy O'Brien @2WitDesign]

All 13 @Ford #designpatents not invalid (for indefiniteness) and willfully infringed says jury with damages of $493,057 - see full document at https://t.co/mGqGYhANmP #ip #litigation @SHBLaw

[Andy O'Brien @2WitDesign]

@schneby 100% yes

[Andy O'Brien @2WitDesign]

Additional proof that we are too attached to our devices?🤔 #designpatents

[Andy O'Brien @2WitDesign]

ICYMI - @JennyYooNYC and @davidsbridal are back in Court #designpatents #ip #design - Complaint @ https://t.co/2V81zW2E8W @SHBLaw

[Andy O'Brien @2WitDesign]

Spooky good #designs issuing today. No chance you can guess what the 1st is... (answer on last image) @SHBLaw @uspto #designpatents
@Cooxy_Plancha @HabitreeDenmark
See more details at https://t.co/DXhRKLFsFl