Patent Law Practice Center

Issuance Of Continuation Patents During Litigation Undermine Defense To Willful Infringement

The following post comes from Scott A. McKeown, partner at Oblon Spivak, Practice Center Contributor and writer for Patents Post Grant.

Texas Court Likens Issuance of Continuation Patents During Litigation to Patent Reexamination

[W]illful infringement exists where an accused infringer acted “despite an objectively high likelihood that its actions constituted infringement of a valid patent.” In re Seagate Technology, LLC, 497 F.3d 1360, 1371 (Fed. Cir. 2007). In assessing the propriety of a post-filing willfulness allegation (i.e., after the  complaint is filed with the court) Seagate is oft cited for the proposition that a plaintiff must seek injunctive relief (i.e., preliminary injunction). However, court’s have refused to impose such a wooden rule. Instead, court’s look to the totality of the circumstances, including factors such as the existence of concluded patent reexaminations. (more…)

U.S. Design Patent Considerations For Chinese Companies

The following guest post was written by Foley & Lardner Partner Marshall J. Brown.

Like industrial design registrations and design patents in many countries, U.S.design patents can serve as an effective tool to prevent competitors, counterfeiters, and other parties from copying your company’s proprietary designs. While the process for obtaining a U.S. design patent is fairly straightforward, there are several aspects to design patents that are unique to the United States. Many of these features provide applicants and patent holders with valuable benefits not available elsewhere, while others place particular burdens on inventors and attorneys. These issues need to be recognized when maneuvering through the process of obtaining a design patent. The following discussion focuses on a few of the aspects unique to the U.S. design patent system.

1. The 12-month grace period. A U.S. design patent application may be filed up to 12 months after the design is first described in a printed publication, is in public use in the United States, or is offered for sale in the United States. This provides companies with the opportunity to determine whether a product will be sufficiently successful to warrant the investment in a U.S.design patent. (more…)