@ericgoldman @design_law Plus @design_law has this blog post on #ScheduleA #DesignPatent cases: "We need to talk about the NDIL’s Schedule-A cases” at https://patentlyo.com/patent/2022/10/guest-post-about.html

D473,658 - issued in 2003 for a design for a "Sound Proof Chamber." #DesignPatent

Here we go--the ABA & AIPLA comments:

- https://www.regulations.gov/comment/PTO-P-2022-0027-0027

- https://www.regulations.gov/comment/PTO-P-2022-0027-0029

For those who don't know, the ABA & AIPLA design committees tend to be run by patent attorneys who specialize in design patent work--i.e., those who have the most to lose if the USPTO makes changes to the rules of #DesignPatent practice.

#PatentBar

Here we go--the ABA & AIPLA comments:

- https://www.regulations.gov/comment/PTO-P-2022-0027-0027

- https://www.regulations.gov/comment/PTO-P-2022-0027-0029

For those who don't know, the ABA & AIPLA design committees tend to be run by patent attorneys who specialize in design patent work--i.e., those who have the most to lose if the USPTO makes changes to #DesignPatent practice.

#PatentBar

Reminder: Public comments on the #PatentBar (including the question of who should be allowed to work on #DesignPatent matters) are due tomorrow, 1/31: https://www.regulations.gov/docket/PTO-P-2022-0027/document

Reminder: If you want to share your opinion on the USPTO's proposed changes to the #PatentBar (including the rules for #DesignPatent practice), those comments are now due one week from today, 1/31: https://www.regulations.gov/docket/PTO-P-2022-0027/document

Are you filing a #DesignPatent complaint? Please read these cases before drafting your damages allegations:

What do we think of the #DesignPatent infringement allegation in this recently-transferred (WDTX->SDTX) #ScheduleA case? https://design-law.tumblr.com/post/704884409879429120/does-this-backpack-infringe-this-design-patent

On the one hand, this is not the worst Schedule A claim I've seen. On the other hand, this is an extremely narrow DP claim & there are differences that might not be deemed immaterial.

Also I'm not sure I'm willing to just take the plaintiff's word when it says that all of the accused products "are the same in all material respects" (¶ 152).

Hey, fellow law people: What cases will you be keeping an eye on in the new year?

In the Federal Circuit, I'll be watching:

- Columbia v. Seirus (round 2), for various issues relating to #DesignPatent infringement: https://www.scribd.com/document/615909268/Columbia-v-Seirus-Round-2-Briefs

- Gorge Design v. Xuansheng, appealing the denial of a motion for sanctions in a #ScheduleA case: https://www.scribd.com/document/615575243/Gorge-Design-v-Xuansheng-Fed-Cir-briefs

And of course #BadSpaniels & #AmgenVersusSanofi in SCOTUS

#LawProfs #LawFedi #LawStudents

Free licenses actually can't make software completely free. Software can be protected not only by copyright, but also by trademarks, design rights and patents.
The perfect illustration is Tinder. Let me just show you IP protection of Tinder in US.

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#IP #intellectualproperty #copyright #trademark #patent #design #designpatent #Tinder #FOSS #freesoftware