Design_Patent @design_patent
Interested in all things dEsIGn Washington, DC Joined December 2016-
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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
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
DOJ: When AOM is end product, "§289 does not permit infringer to show that profit is attributable to aspects other than patented design."
Starting our Creativity & Innovation seminar w Landes&Posner and @marklemley on #economics of #IntellectualProperty. @CardozoIPIL
Good news for harmonisation: colour to become a registrable feature of an industrial design in Canada
Good news for harmonisation: colour to become a registrable feature of an industrial design in Canada
Patentee's AOM for purposes of 171 does not dictate relevant AOM for 289 profits. #applesandoranges #designpatents
Peel's ultra-thin cases brings jet black to any iPhone 7 buff.ly/2ig7Oil #Industrialdesign #design #innovation #productdesign
Measure twice, cut once by @RKlau library.gv.com/measure-twice-… #productdesign
We are living in exciting times for #productdesign #design
We are living in exciting times for #productdesign #design
Relevant AOM can be entire end product #SCOTUS made that clear. No apportionment of innards @FOSSPatents #appsung
Relevant AOM can be entire end product #SCOTUS made that clear. No apportionment of innards @FOSSPatents #appsung
Yes @VisualParlance. Once AOM is determined, there is NO apportionment for "innards" @FOSSPatents @ProfDezine
Yes @VisualParlance. Once AOM is determined, there is NO apportionment for "innards" @FOSSPatents @ProfDezine
One thing for certain in #appsung: no apportionment on Article of Manufacture #designpatents #FedCir #designpatent
One thing for certain in #appsung: no apportionment on Article of Manufacture #designpatents #FedCir #designpatent
J.Kennedy #appsung: “market studies to see how the design affected the consumer is APPORTIONMENT, which runs headlong into the statute"
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
In #appsung, Court states “‘Total’, of course, means ALL.” No apportioning out innards, brand value, materials used, functionality, etc.
Odd that article is discussing patentees "lost profits." Section 289 regards only infringer's ill-gotten profits.
Odd that article is discussing patentees "lost profits." Section 289 regards only infringer's ill-gotten profits.
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