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ICYMI: The Federal Circuit affirmed PTAB conclusion that waffle design was anticipated by a Dunkin Donuts Belgian Waffle Breakfast Sandwich video: https://mastodon.social/@design_law/112050032886183399

#Waffles #PatentFedi #DesignPatents #FederalCircuit


In November, a jury in Lansing, Michigan found that Opti-luxx was liable for infringing a utility patent and a design patent, both relating to illuminated signs for school buses.

Now, Opti-luxx has filed a renewed motion for judgment as a matter of law on the design patent claim: https://www.scribd.com/document/697432537/Smarttrend-v-Optiluxx-Renewed-motion-for-JMOL

Shall we take a closer look?

#PatentFedi #PatentJuryTrials #UtilityPatents #DesignPatents #SmartrendVersusOptiluxx
screenshot of verdict form, showing a jury finding of $23,307.84 in damages and a finding that the infringement was willful


I talk quite a bit about #CounterfeitRhetoric on here.

If you're interested in learning more, I just posted a draft of my working paper on the topic, "The Counterfeit Sham": https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

This paper includes a discussion of the #ScheduleA litigation model, the border-seizure bill that some want to resurrect in Congress & "terrorism" talk.

#DesignPatents #Counterfeiting #LegalScholarship #LawFedi #PatentFedi


Unanimous Federal Circuit:

"Judge Newman shall not be permitted to hear any cases, at the panel or en banc level, for a period of one year beginning with the issuance of this Order...."

https://cafc.uscourts.gov/wp-content/uploads/JudicialMisconductOrders/September%2020,%202023%20Judicial%20Council%20Order.pdf

(h/t @marklemley@mastodon.lawprofs.or)

Note: This means she will not take part in #LKQvGM.

#LawFedi #PatentFedi #JudgeNewman
Given these findings, the Council ORDERS:
(1) Judge Newman shall not be permitted to hear any
cases, at the panel or en banc level,27 for a period of one
year beginning with the issuance of this Order, subject to
consideration of renewal if Judge Newman’s refusal to cooperate
continues after that time and to consideration of
27 This includes all cases in which oral argument has
not yet occurred.
modification or rescission if justified by an end of the refusal
to cooperate.
(2) The Committee shall maintain jurisdiction over this
matter.
SO ORDERED: September 20, 2023.