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Designs Worth Protecting
Designs Worth Protecting 2015 9th Annual USPTO Design Day Looks Matter. Legally.® 1 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Gorham v. White, 81 U.S. 511 (1872) U.S. Supreme Court 2 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day MRC Innovations v. Hunter Mfg., 747 F.3d 1326 (Fed. Cir. 2014) U.S. Supreme Court Obvious in view of prior art 3 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day MRC Innovations v. Hunter Mfg., 747 F.3d 1326 (Fed. Cir. 2014) U.S. Supreme Court Obvious in view of prior art 4 United States Patent and Trademark Office Designs Worth Protecting 2015 Northern District of Illinois (3) District of Oregon (2) Southern District of New York (2) Central District of California (2) Northern District of California Southern District of California District of Colorado Northern District of Ohio 9th Annual USPTO Design Day District of Massachusetts Middle District of Florida Southern District of Florida Southern District of Indiana District of Delaware District of New Jersey District of Nevada Western District of Washington Eastern District of Wisconsin 5 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 6 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 7 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 8 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 9 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement SPHERICALLY SHAPED LIP BALM D644,939 10 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 11 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 12 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 13 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 14 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 15 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day D625,469 thumbprint 16 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day D625,469 thumbprint D631,204 overall design 17 United States Patent and Trademark Office Designs Worth Protecting 2015 no thumbprint Accused 9th Annual USPTO Design Day thumbprint disclaimed D644,939 Patented 18 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Accused Patented 19 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Original figure 20 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Broken Original figure 21 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Solid Broken Original figure 22 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Solid Broken Original figure Prior art 23 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Solid Solid Broken Broken Solid Original figure Amended figure 24 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 ? Original figure Amended figure 25 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement HEMI-PARABOLIC SHAPED LIP BALM 26 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement HEMI-PARABOLIC SHAPED LIP BALM SPHERICAL SHAPED LIP BALM 27 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement HEMI-PARABOLIC SHAPED LIP BALM SPHERICAL SHAPED LIP BALM 28 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement LIP BALM 29 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement D644,939 30 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement D644,939 31 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day PROJECTION SHEET 32 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 33 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Applicant’s Filed Drawings 34 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 PRINTING ISSUE Applicant’s Filed Drawings USPTO Patent Full Text and Image Database 35 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Patented 36 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement 37 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement 38 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement 39 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement ACCUSED: Claim construction is necessary to 40 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement ACCUSED: Claim construction is necessary to (a) resolve ambiguity 41 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement ACCUSED: Claim construction is necessary to (a) resolve ambiguity (b) identify features 42 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement ACCUSED: Claim construction is necessary to (a) resolve ambiguity (b) identify features (c) explain broken lines 43 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement ACCUSED: Claim construction is necessary to (a) resolve ambiguity (b) identify features (c) explain broken lines (d) determine validity 44 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement ACCUSED: Claim construction is necessary to (a) resolve ambiguity (b) identify features (c) explain broken lines (d) determine validity (functionality / obviousness) 45 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement 46 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement (EG) Egyptian Goddess v. Swisa, 543 F.3d 665 (Fed. Cir. 2008) 47 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity (b) identify features (c) explain broken lines (d) determine validity (functionality; obviousness) 48 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity NO (b) identify features (c) explain broken lines (d) determine validity (functionality; obviousness) 49 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity NO (b) identify features maybe helpful (c) explain broken lines (d) determine validity (functionality; obviousness) 50 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity NO (b) identify features maybe helpful (c) explain broken lines maybe helpful (d) determine validity (functionality; obviousness) 51 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity NO (b) identify features maybe helpful (c) explain broken lines maybe helpful (d) determine validity (functionality maybe 52 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity NO (b) identify features maybe helpful (c) explain broken lines maybe helpful (d) determine validity (functionality maybe; obviousness NO) 53 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point 54 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point OBVIOUSNESS 55 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point OBVIOUSNESS APPELLATE REVIEW 56 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point OBVIOUSNESS APPELLATE REVIEW VERBAL DESCRIPTION NECESSARY 57 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point OBVIOUSNESS APPELLATE REVIEW VERBAL DESCRIPTION NECESSARY (…to evoke a visual impression of the claimed design) 58 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point Egyptian Goddess v. Swisa (EG) OBVIOUSNESS APPELLATE REVIEW VERBAL DESCRIPTION NECESSARY (…to evoke a visual impression of the claimed design) 59 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point Egyptian Goddess v. Swisa (EG) OBVIOUSNESS INFRINGEMENT APPELLATE REVIEW VERBAL DESCRIPTION NECESSARY (…to evoke a visual impression of the claimed design) 60 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point Egyptian Goddess v. Swisa (EG) OBVIOUSNESS INFRINGEMENT APPELLATE REVIEW ORDINARY OBSERVER VERBAL DESCRIPTION NECESSARY (…to evoke a visual impression of the claimed design) 61 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point Egyptian Goddess v. Swisa (EG) OBVIOUSNESS INFRINGEMENT APPELLATE REVIEW ORDINARY OBSERVER VERBAL DESCRIPTION NECESSARY VERBAL DESCRIPTION NOT NECESSARY (…to evoke a visual impression of the claimed design) 62 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Durling High Point Egyptian Goddess v. Swisa (EG) OBVIOUSNESS INFRINGEMENT APPELLATE REVIEW ORDINARY OBSERVER VERBAL DESCRIPTION NECESSARY VERBAL DESCRIPTION NOT NECESSARY (…to evoke a visual impression of the claimed design) (…drawings themselves are the best representation of the claim) 63 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity NO (b) identify features maybe helpful (c) explain broken lines maybe helpful (d) determine validity (functionality maybe ; obviousness NO) (e) assess & describe prosecution history maybe 64 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement 65 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement Restriction Rejections Objections Amendments Remarks Comments Quayle Allowability Printing 66 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement COURT: (a) resolve ambiguity NO (b) identify features maybe helpful (c) explain broken lines maybe helpful (d) determine validity (functionality maybe ; obviousness NO) (e) assess & describe prosecution history maybe 67 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement STATUS as of April 1, 2015 293: MOTION to Strike 291 Reply Brief in Support of Claim Construction Brief or in the Alternative, Unopposed MOTION for Leave to File Sur-Reply Brief in Support of Claim Construction Brief 68 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Courts are embracing Egyptian Goddess and declining to verbally construe design patent claims… 69 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Courts are embracing Egyptian Goddess and declining to verbally construe design patent claims… Nevertheless, Claim Construction remains an important design patent litigation issue; defendants vie for limited scope 70 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement D644,939 71 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement D644,939 72 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement D644,939 73 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 OraLabs, Inc. v. The Kind Group, LLC (D. Colo.) April 24, 2014 on Joint Claim Construction Statement D644,939 74 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction SHROUD FOR A BARBEQUE GRILL D564,834 75 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction GRILL SHROUD FOR A BARBEQUE GRILL D564,834 D609,045 76 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction Patented Accused 77 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction Patented 78 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction 79 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction 80 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction ORNAMENTAL /\/\/\/\/\/\ FUNCTIONAL Richardson v. Stanley Works, 597 F.3d 1288 (Fed. Cir. 2010) 81 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction ORNAMENTAL /\/\/\/\/\/\ FUNCTIONAL 82 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction X ORNAMENTAL FUNCTIONAL 83 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Weber-Stephen Prods. v. Sears Holding Corp. (N.D.Ill) October 20, 2014 on Claim Construction D609,045 84 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 85 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 D677,423 86 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 87 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 88 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction Patented Accused 89 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction INTER PARTES REVIEW IPR2015-00306 Patented Prior art 90 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction INTER PARTES REVIEW IPR2015-00306 Alleging anticipation Patented Prior art 91 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction INTER PARTES REVIEW IPR2015-00306 Alleging obviousness Patented Prior art 92 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day PTAB INTER PARTES OVERVIEW Sensio v. Select Brands (IPR2013-00580 / D686,447) UNPATENTABLE (IPR2013-00500 / D669,731) UNPATENTABLE (IPR2013-00501 / D675,864) UNPATENTABLE Doorman Products v. PACCAR (IPR2014-00555 / D526,429) NOT INSTITUTED, R’HG DENIED (IPR2014-00532 / D525,731) NOT INSTITUTED, R’HG DENIED Lowes Home Centers v. Maureen Reddy (IPR2015-00306 / D677,423) PENDING Caterpillar (IPR2015-00416 / D673,982) PENDING 93 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction 94 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction Drawings are the written description 95 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction Characteristic Feature Statement The bathroom vanity light shade is an ornamental fixture consisting of a rectangular, metal rod skeleton, wrapped in fabric on three sides (front side, left side, right side), with a stationary acrylic diffuser bottom. The bathroom vanity light shade mounts on the wall with a top/back exposed mounting rod. 96 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Maureen Reddy v. Lowes Companies, Inc. (D. Mass) November 18, 2014 on Claim Construction Characteristic Feature Statement The bathroom vanity light shade is an ornamental fixture consisting of a rectangular, metal rod skeleton, wrapped in fabric on three sides (front side, left side, right side), with a stationary acrylic diffuser bottom. The bathroom vanity light shade mounts on the wall with a top/back exposed mounting rod. 97 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Painters Prods., Inc. (PATENTEE) D351,338 TUBE DISPENSER 98 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Painters Prods., Inc. (PATENTEE) D351,338 5,577,851 TUBE DISPENSER TUBE DISPENSER WITH SPONGE APPLICATOR 99 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. Painters Prods., Inc. (LICENSOR) (PATENTEE) 100 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 snap-on D351,338 5,577,851 TUBE DISPENSER TUBE DISPENSER WITH SPONGE APPLICATOR 101 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 snap-on threaded D351,338 5,577,851 D482,962 TUBE DISPENSER TUBE DISPENSER WITH SPONGE APPLICATOR APPLICATOR CAP 102 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 103 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity Accused Patented 104 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity X Accused Patented 105 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity Accused Patented 106 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity APPLICATOR CAP 107 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity APPLICATOR CAP ≠ 108 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity APPLICATOR CAP D482,962 109 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity Title does not define the scope of the claim. M.P.E.P. 1503 D482,962 110 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity The title must designate the particular article, and … it follows that the language of the title and claim must correspond (37 CFR 1.153) or face objection D482,962 APPLICATOR CAP 111 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Eclectic Prods., Inc. v. Painters Prods., Inc. (D.Or.) March 2, 2015 on Claim Construction and DJ Non-Infringement and Invalidity Notice of Appeal filed on April 1, 2015 D482,962 APPLICATOR CAP 112 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 113 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day 114 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day ASSEMBLY FOR COOKING ELONGATED FOOD PRODUCTS D686,869 115 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 ASSEMBLY FOR COOKING ELONGATED FOOD PRODUCTS continuation D686,869 D694,057 116 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 bumps continuation broken lines D686,869 D694,057 117 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 bumps priority broken lines D686,869 ? D694,057 118 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kedem, LLC v. Team Int’l Gr. Of Amer., Inc. (S.D.Fl.) February 2, 2015 on Summary Judgment Patented 119 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kedem, LLC v. Team Int’l Gr. Of Amer., Inc. (S.D.Fl.) February 2, 2015 on Summary Judgment Patented Prior art 120 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kedem, LLC v. Team Int’l Gr. Of Amer., Inc. (S.D.Fl.) February 2, 2015 on Summary Judgment Patented Int’l Seaway v. Walgreens Prior art 589 F.3d 1233 (Fed. Cir. 2009) 121 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction Patented 122 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction D665,558 123 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction straight D665,558 124 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction straight angled D665,558 125 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction straight angled D665,558 INDEFINITE 126 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction curved straight D665,558 D665,384 127 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction 128 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction D665,384 129 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction D665,384 INDEFINITE 130 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Times Three Clothier, LLC v. Spanx, Inc. (S.D.N.Y.) April 29, 2014 on Defendant’s Request for Claim Construction claimed broken D623,377 131 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity TOOL HANDLE D500,646 132 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity 133 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity 134 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity 135 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented Accused 136 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented Accused 137 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented Accused 138 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented Accused 139 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented Accused 140 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented Accused 141 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented Accused 142 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D.Ind.) September 3, 2014 on Claim Construction, MSJ Non-Infringement and Invalidity Patented SUFFICIENTLY DISTINCT Accused 143 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Patented Accused Prior art Revision Military v. Balboa Mfg., 700 F.3d 524 (Fed. Cir. 2012) 144 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Patented Accused Prior art 145 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ ELECTRICAL CHARGER D587,192 146 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Patented Accused product 147 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Patented Plaintiff’s product 148 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Plaintiff’s product Accused product 149 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Accused product 150 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ D611,409 Accused product 151 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Patented Accused 152 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Patented Accused 153 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Patented Accused 154 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Patented Accused 155 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D.Ill.) July 28, 2014 on Cross MSJ Patented Accused Prior Art 156 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kreative Power, LLC v. Monoprice, Inc. (N.D.Cal.) February 2, 2015 on Summary Judgment SURGE PROTECTOR WITH USB CHARGING PORT D653,215 157 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kreative Power, LLC v. Monoprice, Inc. (N.D.Cal.) February 2, 2015 on Summary Judgment Patented Accused 158 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kreative Power, LLC v. Monoprice, Inc. (N.D.Cal.) February 2, 2015 on Summary Judgment D653,215 159 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kreative Power, LLC v. Monoprice, Inc. (N.D.Cal.) February 2, 2015 on Summary Judgment ornamental functional D653,215 D587,192 160 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kreative Power, LLC v. Monoprice, Inc. (N.D.Cal.) February 2, 2015 on Summary Judgment Patented 161 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kreative Power, LLC v. Monoprice, Inc. (N.D.Cal.) February 2, 2015 on Summary Judgment Patented Prior Art Accused 162 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Poly-America, LP v. API Indus., Inc. (D. Del.) November 25, 2014 MSJ NON-INFRINGEMENT GRANTED; Cross MSJ INVALIDITY DENIED D569,719 Accused 163 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Wallace v. Ideavillage (Spin Spa) (D. N.J.) September 15, 2014 MSJ NON-INFRINGEMENT GRANTED D485,990 Accused 164 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Conair Corp. v. Le Angelique, Inc. (D. Nev.) September 15, 2014 TRO GRANTED D696,456 Accused 165 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Anderson v. Kimberly Clark (W.D. Wash; Fed. Cir.) July 10, 2014 MJP NON-INFRINGEMENT GRANTED & AFFIRMED (Motion for Judgment on Pleadings - failure to state a plausible claim for relief) D401,328 Accused 166 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Roger Young v. Anne Stone (N.D. Ill.) August 28, 2014 MJP NON-INFRINGEMENT GRANTED (Motion for Judgment on Pleadings - failure to state a plausible claim for relief) D442,661 Accused 167 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kenneth Butler v. Balkamp, Inc. (S.D. Ind.) September 3, 2014 MSJ NON-INFRINGEMENT GRANTED; MSJ INVALIDITY DENIED D500,646 Accused 168 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Voltstar Tech, Inc. v. Amazon.com, Inc. (N.D. Ill.) July 28, 2014 Cross-MSJ, NON-INFRINGEMENT GRANTED D587,192 Accused 169 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Kreative Power, LLC v. Monoprice, Inc. (N.D.Cal.) February 2, 2014 MSJ NON-INFRINGEMENT & INVALIDITY GRANTED D653,215 Accused 170 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Defendant’s Motion to Dismiss Granted Jamie Legler v. Exxel Outdoors – E.D. Wis. 7/29/14 (No Infringement) OurPet’s v. Iris USA – N.D. Ohio 3/23/15 (No Infringement) Defendant’s Motion to Dismiss Denied Isolite Systems v. Zirc Dental Prods. – C.D. Cal. 9/2/14 (Not functional) 171 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day Patentee’s Preliminary Injunction Denied Robert M. Lyden v. Adidas – D. Oregon 2/20/15 (No Infringement or Irreparable Harm) Worldwide Diamond Trademarks v. Blue Nile – S.D.N.Y. 11/6/14 (No Irreparable Harm – no discussion of infringement) Conair v. Barbar – 7/3/14 (No Irreparable Harm – little discussion of infringement) Prestige Flag v. Par Aide Prods. – 1/12/15) (No Infringement – no discussion of Irreparable Harm) 172 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Invalid Valid 4 4 173 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 Invalid Valid 4 4 Not Infringed Infringed 11 1 (default) 174 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day FEDERAL CIRCUIT OVERVIEW Apple v. Samsung (argued 12/4/2014) High Point v. Buyer’s Direct (argued 3/4/2015) Ethicon v. Covidien (argued 3/6/2015) Voltstar v. Amazon (argued 4/7/2015) In re Hardy (argued 4/6/2015) Luv ‘n Care v. Munchkin (argued 4/10/2015) 175 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 In re Hardy (Fed. Cir. 14-1577) (argued 4/6/2015) Claimed Primary reference Secondary references 176 United States Patent and Trademark Office 9th Annual USPTO Design Day Designs Worth Protecting 2015 In re Hardy (Fed. Cir. 14-1577) (argued 4/6/2015) Claimed Primary reference 177 United States Patent and Trademark Office Designs Worth Protecting 2015 9th Annual USPTO Design Day George Raynal SAIDMAN DESIGNLAW GROUP, LLC [email protected] @GeorgeRaynal Looks Matter. Legally.® 178 United States Patent and Trademark Office