Design_Patent

Interested in all things dEsIGn

[Design_Patent @design_patent]

#goodcatch; just more #lazyreporting on #appsung; indeed, on remand, award of total profits from entire phone ($399m) is MOST likely outcome https://t.co/XpmTVGiAWn

[ProfDezine @ProfDezine]

#appsung "[r]uling Apple can’t claim the total profit of Samsung phones for infringing on design patents" Wrong! https://t.co/erCX1bE6ZJ

[Design_Patent @design_patent]

You make some fair criticisms, but cut Prof. Burstein (@designlaw) some slack. She is just trying to make sense of a poorly written opinion, which she concedes needs a rewrite. Like #DesignPatents, the @Columbia1938 opinion needs attention. #FedCir

[Mauro Usability Sci. @PulseUX]

Read our analysis of Professor Burstein's recent post on Patently-O related to Columbia vs. Seirus. She needs to get her positions straight...! #designpatents, @designlaw, #FedCir, @ChrisCarani, @Design_Law_Guru

https://t.co/ZnutTJMwGL

[Design_Patent @design_patent]

DOJ: When AOM is end product, "§289 does not permit infringer to show that profit is attributable to aspects other than patented design."

[Chris Buccafusco @cjbuccafusco]

Starting our Creativity & Innovation seminar w Landes&Posner and @marklemley on #economics of #IntellectualProperty. @CardozoIPIL

[Dunstan Barnes @DunstanBarnes]

Good news for harmonisation: colour to become a registrable feature of an industrial design in Canada https://t.co/bxc2L39ZmA

[Design_Patent @design_patent]

Patentee's AOM for purposes of 171 does not dictate relevant AOM for 289 profits. #applesandoranges #designpatents https://t.co/YjvM3PnzQW

[Philippe Guichard @philipd2design]

Peel's ultra-thin cases brings jet black to any iPhone 7 https://t.co/CGip75bz4d #Industrialdesign #design #innovation #productdesign

[ PK @alsoknownaspk]

Measure twice, cut once by @rklau https://t.co/VjekMJuC43 #productdesign

[Design_Patent @design_patent]

We are living in exciting times for #productdesign #design https://t.co/bkNJPZCewc

[Morag McLaren @moragmclaren]

The State of Product Design in 2017 by @cbostrander https://t.co/OEHM0Sdsda #productdesign

[Design_Patent @design_patent]

Relevant AOM can be entire end product #SCOTUS made that clear. No apportionment of innards @FOSSpatents #appsung https://t.co/ipBLVsBXRf

[NotaBene @VisualParlance]

@ProfDezine @FOSSpatents All good points. My main point is that innards are still in play IF RAOM is end product, which SCOTUS contemplates.

[Design_Patent @design_patent]

Yes @VisualParlance. Once AOM is determined, there is NO apportionment for "innards" @FOSSpatents @ProfDezine https://t.co/hL3GpjWZu3

[NotaBene @VisualParlance]

@FOSSpatents that's true but irrelevant. #SCOTUS held AOM COULD be entire smartphone. If shown, ALL profits from ENTIRE smartphone awarded.

[Design_Patent @design_patent]

One thing for certain in #appsung: no apportionment on Article of Manufacture #designpatents #FedCir #designpatent https://t.co/PaUBgfFR2K

[ProfDezine @ProfDezine]

This part of the opinion is clear. J.Sotomayor even writes "total profit" is "ALL profit from prohibited conduct" https://t.co/1q9jH1nPiw

[Design_Patent @design_patent]

J.Kennedy #appsung: “market studies to see how the design affected the consumer is APPORTIONMENT, which runs headlong into the statute"

[Design_Patent @design_patent]

@ColumbiaLaw Prf Ronald Mann comments on #appsung: #FedCir could fashion test re-awarding Apple the FULL $399mil https://t.co/3IEUDYmzK9

[Christopher Carani @ChrisCarani]

Two #289 cases headed to #FedCir - Nordock and Apple; Note: Duo of O'Malley and Chen will be on BOTH 3-judge panels #designpatents #appsung

[Design_Patent @design_patent]

In #appsung, Court states “‘Total’, of course, means ALL.” No apportioning out innards, brand value, materials used, functionality, etc.

[Design_Patent @design_patent]

Agree; that principal is bedrock. But tougher issue is when design patent dots out portion of product. See #SCOTUS https://t.co/3vDIamvGhg

[NotaBene @VisualParlance]

When design of entire product is claimed, total profits from sale of entire product are disgorged. #designpatents https://t.co/bPInSjgAaS

[Design_Patent @design_patent]

Odd that article is discussing patentees "lost profits." Section 289 regards only infringer's ill-gotten profits. https://t.co/EBeeN4MHKi

[Cardozo IP+IL @CardozoIPIL]

Samsung V. Apple: Impacts Beyond Damages https://t.co/DtPi0p0Lsn #appsung #patent #IPlaw #IPnews