Last week in #DesignPatents:

- In #ColumbiaVersusSeirus,
the #FederalCircuit wrestled with the question of design patent scope post-Curver & Surgisil (some thoughts here: https://patentlyo.com/patent/2023/01/burstein-patents-drawing.html)

- While a district judge issued a decision on the same issue without mentioning Curver or Surgisil: https://mastodon.social/@design_law/109682145387589957

- The USPTO expanded the time for comments on the #PatentBar: https://mastodon.social/@design_law/109682937400533444

- Someone filed a ridiculous DP case against Google in D. Mass: https://mastodon.social/@design_law/109676187314744655

Thanks to @IowaPatentLaw for letting me share some thoughts on yesterday's argument in #ColumbiaVersusSeirus over on PatentlyO:
https://patentlyo.com/patent/2023/01/burstein-patents-drawing.html

Here's the article that Columbia mentioned during the argument: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2714081

#DesignPatents #FederalCircuit

The court's discussion of design patent validity is really interesting, especially in light of yesterday's arguments in #ColumbiaVersusSeirus.

The result seems correct but the court doesn't discuss SurgiSil (the leading case on design patent anticipation) or Glavas (on what counts as prior art for design patents and § 103) at all, instead citing and discussing utility patent cases about the scope of the prior art.

https://storage.courtlistener.com/recap/gov.uscourts.paed.597550/gov.uscourts.paed.597550.53.0.pdf

#DesignPatents #Litigation #BeverageBat

My article got several shout-outs today in #ColumbiaVersusSeirus.

But I never said the scope of the prior art should be limited to references that use the exact same words as what's used in the patent claim.

I said it should be "the same type of product," which could be broader.

Sarah Burstein, The Patented Design, 83 Tenn. L. Rev. 161, 219–20 (2015).

Want a workable solution? Use Locarno subclasses. See id. at 220.

"This is an awful patent. I don't know why the examiner ever allowed it."

!!!

#OralArguments

#ColumbiaVersusSeirus

"Your answer is entirely unsatisfactory and entirely unworkable."

!!!

#OralArguments

#ColumbiaVersusSeirus

Really good questions so far from the panel in #ColumbiaVersusSeirus.

#DesignPatents #FederalCircuit

Note that, in #ColumbiaVersusSeirus, the patent claims a design for "heat-reflective material."

Columbia wants the court to rule that no other types of materials/fabrics can count as prior art.

(And yes, it concedes that no other types of materials/fabrics could infringe.)

#DesignPatents #FederalCircuit

Note that, in #ColumbiaVersusSeirus, Columbia is trying to slice things pretty slim.

Its patent claims a design for "heat-reflective material." Columbia wants the court to rule that no other fabrics can count as prior art.

#DesignPatents #FederalCircuit

Are stools chairs? Is an ottoman a chair?

These are the kinds of questions that are coming up in #ColumbiaVersusSeirus.

#DesignPatents #FederalCircuit

Okay, here we go: Oral arguments in #ColumbiaVersusSeirus, second argument in today's 10 a.m. Eastern panel: https://cafc.uscourts.gov/home/oral-argument/daily-schedule/

Panel: Prost, Reyna & Hughes

#DesignPatents #FederalCircuit

Today is the day! Who is going to be listening to #ColumbiaVersusSeirus with me?

https://mastodon.social/@design_law/109660985472509295

Design Patents at the Federal Circuit: Arguments in round 2 of Columbia v. Seirus are scheduled for this Thursday.

For some thoughts on the court's decision in round 2, see: https://patentlyo.com/patent/2020/02/columbia-v-seirus-the-sky-is-not-falling.html

For the briefs from this round: https://www.scribd.com/document/615909268/Columbia-v-Seirus-Round-2-Briefs

#DesignPatents #FederalCircuit #ColumbiaVersusSeirus

Another issue in this case: Should design patent infringement be analyzed differently where, as here, the defendant uses a logo as a decorative element in the accused surface design?

For some thoughts on this issue: https://patentlyo.com/patent/2020/02/columbia-v-seirus-the-sky-is-not-falling.html

#DesignPatents #Trademarks #Litigation #SurfaceDesigns #ColumbiaVersusSeirus

This is...not an image I would have used here. #DesignPatents #VisualAdvocacy #Litigation #ColumbiaVersusSeirus

Columbia v. Seirus is going back to the Federal Circuit. Oral argument is scheduled for 1/12/23.

One big issue: What is the scope of the prior art for #EgyptianGoddess Step 2?

For more on the Goddess test and how it works, see this short piece: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3338471

For my on the proper scope of the prior art, see this (not so short) piece: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2714081

For the parties' briefs: https://www.scribd.com/document/611300069/Columbia-v-Seirus-Round-2

#DesignPatents #FederalCircuit #Litigation #LawFedi #ColumbiaVersusSeirus