Validity of Ford design patents on replacement parts again upheld at the Federal Circuit

Ford v New World International, Appeal No. 2019-1746, June 22, 2020 At the district court level, New World argued that the holding in Best Lock Corp v. ILCO Unican Corp, 94 F.3d 1563 (Fed. Cir. 1996) applied, and that the claimed designs were invalid as “aesthetically functional”.  Ford argued that Best Lock was differentiable from […]

Industry standards for mounting brackets are necessarily functional, and thus not ornamental and not subject to design patent protection

Sattler Tech Corp. v. Humancentric Ventures, PGR2019-00030, Patent D823,093S, decided by PTAB July 26, 2019, designated informative June 11, 2020. Petitioner’s arguments Sattler Tech requested post grant review of US Patent No. D826,093S titled “VESA MOUNT ADAPTER BRACKET.”  FIG. 1 of the ‘093, reproduced below, shows a perspective view of the claimed bracket:     […]

Eastern District of Wisconsin finds sausage tray obvious using “common sense”on summary judgment motion for noninfringement

Johnsonville v Klement, 2020 WL 1492983 (E.D. Wis. Mar 27, 2020). Johnsonville owns USD 633,754, directed to the ornamental design of a sausage tray, wherein the only solid line features are the curved end walls.  Fig. 12 of the ‘754 patent is illustrative:           Johnsonville sued Klement alleging infringement of the […]

Chalk holder that looks like a pencil a four time loser at the Federal Circuit

Lanard Toys v Dolgencorp, Appeal No. 2019-1781, Fed. Cir. May 14, 2020 Lanard Toys makes and sells the “Lanard Chalk Pencil”, a chalk holder that looks like a pencil.  Lanard obtained Design patent D671,167 directed to the ornamental features of the chalk holder, and also owns copyright Reg. Va 1-794-458.  Lanard began selling their Chalk […]

Nike’s battle against Skechers continues – the gloves (or shoes?) come off

Nike has sued Skechers for infringement of 12 of Nike’s design patents.  The complaint alleges that Skechers business strategy is to knock-off the successful designs of it’s competitors, while in previously battles, Skechers has asserted that it merely “takes inspriation” from competitive products, in a process referred to internally as “Skecherizing”.2019-PATENT-Nike-v-Skechers

Federal Circuit Affirms Validity of Design Patents for Replacement Parts

On appeal of a summary judgement decision entered sua sponte by the district court, the Federal Circuit rejected Plaintiff’s argument that the desire of consumer’s to purchase a replacement hood or headlamp that matched the original part and/or overall vehicle design rendered the design functional.  Stating that a consumer preference for a matching design over […]