USPTO-Judicial-Decisions-Review.pdf - Haynes and Boone, LLP

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Revision Military, Inc. v. Balboa Mfg. Co.2011 U.S. Dist. Lexis 98801 (D. Vt. Aug. 31, 2011)ClaimedDesignInfringement?AccusedDesignClaim Construction: the “patent describes goggles depicted in the six drawingscontained in the … patent.” unite the design?© 2012 Haynes and Boone, LLP
Revision Military, Inc. v. Balboa Mfg. Co.2011 U.S. Dist. Lexis 98801 (D. Vt. Aug. 31, 2011)Not likely to prove design patent infringement!Burden for proffering clear and convincing evidence not met – motion for preliminary injunction denied.Comparison: “Patented design and the design of the article sold by the patentee are substantially thesame, it is not error to compare the patentee’s and the accused articles directly.”“Although the court reaches this conclusion by examining the overall design of the goggles and not onan element-by-element basis, it notes that several design features stand out as dissimilar” namely:Shapes of the lenses (could not fit); Bridges; and shapes of vents and quantities of rows of vents.Prior art“decidedlyscant”“Not aparticularlyclose case”The “courtdoes notneed priorart.”Accused infringers:Divide the design!© 2012 Haynes and Boone, LLP
Page 1 and 2: Design Patent Judicial DecisionsA Y
Page 3 and 4: Lightning Review Design Patent Infr
Page 5 and 6: “[W]hen the claimed and accused d
Page 7 and 8: Lightning Review Design Patent Inva
Page 9 and 10: Moose Mountain Toymakers Ltd. v. Ma
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Page 23 and 24: Apple, Inc. v. Samsung Electronics
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Page 31: Thank you!!!Alan Herdaalan.herda@ha

USPTO-Judicial-Decisions-Review.pdf - Haynes and Boone, LLP

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