While perhaps far from over given the routine appeals of patent infringement decisions, the August 24, 2012 verdict awarding Apple $1 Billion in damages against Samsung in U.S. District Court signaled a major event in the evolving global patent landscape for mobile device technology. This particular case involved patents and trade dress for Apple’s iPhone and iPad and, in addition to the jury’s monetary damages award, Apple is also seeking to stop sales of several competing products offered by Samsung.
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THE BATTLE OVER THE YOGA PANTS
lululemon, the popular designer of yoga clothing has filed a Complaint in federal court in Delaware against Calvin Klein alleging that Calvin Klein is selling pants that infringe three design patents owned by lululemon. The design patents issued by the U.S. Patent and Trademark Office are for pants with a waistband featuring overlapping panels of fabric.
OBVIOUSNESS STILL AN ISSUE FOR BIOTECH PATENTS
Gene patents (and by extension biotech patents) have received quite a bit of attention lately from the ongoing Myriad Genetics case, which challenges the appropriateness of genetic material for patents. However, patentable subject matter is only one hurdle would-be patentees must face in order to obtain a coveted patent. The invention must also be novel and not obvious over what is known in the field of art at the time of invention. This last point recently caused one patentee to lose his battle for a patent, and due to his own publication at that.