Category: Patents

What do Raging Bull and Adult Diapers Have in Common?

Apparently, quite a bit according to the Supreme Court.  The Supreme Court has dipped its toe into the waters of intellectual property law again and has decided to overturn 150 years or more of common law precedent in its decision in SCA Hygiene last week. …

Could the EU Unified Patent Court Start Working in December 2017?

The Preparatory Committee charged with the implementation of the Unified Patent Court (“UPC”) announced on 16 January 2017 that it anticipates that the UPC agreement would come into force in December 2017, at which point it is assumed the court will open for business. The…

USING DESIGN PATENTS TO CLAIM FUNCTIONAL ELEMENTS???

A recent opinion from the United States Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co., No. 2015-1553, 7 (Fed. Cir. 2016), held that design patents can provide protection for ornamental features that are functional.  In particular, the Federal Circuit…