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Two recent cases illustrate the potential benefits of protecting intellectual property rights with both design patents and copyrights, particularly for an article that has both utility and a design, including because a design patent infringement analysis may sometimes be more straightforward to apply. In a design patent case, Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, No. 3:15-cv-00064 (D. Or. Aug. 10, 2016), a court applied a clear-cut analysis in granting summary judgment of…
Two recent cases illustrate the potential benefits of protecting intellectual property rights with both design patents and copyrights, particularly for an article that has both utility and a design, including because a design patent infringement analysis may sometimes be more straightforward to apply. In a design patent case, Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, No. 3:15-cv-00064 (D. Or. Aug. 10, 2016), a court applied a clear-cut analysis in granting summary judgment of…
Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns. The UK Patents Act of 1977 The Brexit will not have direct impact the UK Patents Act of 1977, as that is a national patent statute, even though it was enacted after the UK joined the…
On March 30, the United States Court of Appeals for the Federal Circuit published amended Federal Circuit Rules of Practice. Below is a summary of the most significant changes that are likely to impact your practice before the Court, but if you are filing something after these rules go into place, it is important to read the applicable rules yourself to get the details.…
Sneakers have been around for a very long time – at least since the late 1800’s. The first patent for a rubber heel for shoes was granted in 1899[1], and the first patent for “athletic shoes” issued in 1921[2], although it related to spikes on the sole of the shoe, rather than the rubber sole that we now associate with sneakers.  In 1917 Keds became the first mass-marketed shoe called a…