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Invalidating a design patent

Some hours into the search, we had a Eureka moment when we found knock-out prior art in a paper authored by a researcher at the Indian Institute of Technology, Bombay.

We immediately sent across the identified prior art to the client and illustrated how the asserted patent could be invalidated based on the paper alone.

Apple was originally awarded over

Some hours into the search, we had a Eureka moment when we found knock-out prior art in a paper authored by a researcher at the Indian Institute of Technology, Bombay.

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Some hours into the search, we had a Eureka moment when we found knock-out prior art in a paper authored by a researcher at the Indian Institute of Technology, Bombay.

We immediately sent across the identified prior art to the client and illustrated how the asserted patent could be invalidated based on the paper alone.

Apple was originally awarded over $1 billion from the original lawsuit, but that amount has been reduced substantially to about $548 million in damages.

billion from the original lawsuit, but that amount has been reduced substantially to about 8 million in damages.

Comparatively stringent and with a speedy action process, for cases filed under ITC 337, if infringement is proved, the accused products could be barred from being imported into the US.

We did not have much time in hand and the need of the hour was swift action.

At that moment, it struck us that a good place to look would be publications by universities.

A Strategy You Must Explore: How to Invalidate a Patent with Mathematical Expression At another time, we were contacted to perform an invalidation search on a patent having a priority date of 1996, related to audio/video monitoring system and involved communication between two devices over the internet through a ‘remote intermediate apparatus’.

Though prior-art was abundant on the concept of ‘video monitoring systems over the internet’, the problem was none of them explicitly mentioned the ‘remote intermediate apparatus’.

254 comments

  1. Dec 21, 2015. As discussed in more detail below, design patents only cover the ornamental design of an article. They do not cover functional aspects, and can in fact be invalidated if they are deemed functional. However, in rejecting Samsung's argument, the Federal Circuit deviated from this clear demarcation and.

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