By David Nguyen
| November 20, 2015
C&A Marketing, Inc. (“C&A Marketing”) filed suit against GoPro, Inc. (“GoPro”) on November 3, 2015 in the U.S. District Court District of New Jersey, alleging design patent infringement.  More specifically, in it's complaint C&A Marketing alleges that GoPro's Hero4 Session, a cube-shaped "action" camera, infringes U.S. Patent No. D730,423 (the “D'423 patent”). 

According to C&A Marketing, the D'423 patent protects the Polaroid Cube, created through C&A Marketing's capacity as the exclusive manufacturer, distributor, and marketer of Polaroid® brand mountable action cameras, among other Polaroid® brand products.  Notably, C&A Marketing states that they launched the Polariod Cube in January 2014, at the Consumer Electronics Show (CES) in Las Vegas, Nevada, which was followed by GoPro's release of the "strikingly similar" Hero4 Session camera in 2015.

Read More

By David Nguyen
| November 18, 2015
The U.S. Patent and Trademark Office (USPTO) and the Patent Public Advisory Committee (PPAC) are holding a public hearing on November 19, 2015 regarding proposed patent fees (a link to the Federal Register Notice is provided here). The meeting will take place from 2:00 p.m. to 4:00 p.m. (EST) at the USPTO Madison Auditorium South, 600 Dulany Street, Alexandria, Virginia 22314.

Proposed fee adjustments specific to U.S. design patent applications, include the following:

  • Filing fee: increase $20 (to $200);
  • Search fee: increase $40 (to $160);
  • Examination fee: increase $140 (to $600); and
  • Issue Fee: increase $440 (to $1000).


The fees above, which are for a large entity, represent a total increase of $640, constitute a substantial fee increase for design patent applications as compared to the current fees. 

The proposed fee adjustments also include fees related to international design applications.

Tables containing all of the USPTO's proposed fee adjustments are located at the following URL:

The USPTO will make available online a webcast and transcript of the hearing at the above URL after the hearing. 

By Colin B. Harris
| September 24, 2015
Hoist Fitness Systems, Inc. (“Hoist”) filed a Complaint against Health In Motion, LLC (“Health In Motion”), Inspire Fitness and Sunset Swings (“Inspire Fitness”), and Does 1-10 (collectively, “Defendants”) on August 31, 2015 in the District Court for the Southern District of California. Incidentally, the Complaint specifies that the fictitious defendants named “Does 1-10” “include, but are not limited to, any subsidiaries, affiliates, and/or parent companies of Health In Motion.”

In its Complaint, Hoist alleges “patent infringement, trade dress infringement, unfair competition, and unjust enrichment with regard to Hoist’s intellectual property rights.”


Read More

By Colin B. Harris
| September 11, 2015
Lumetique, Inc. (“Lumetique”) filed suit against Blyth, Inc. and PartyLite Gifts, Inc. (collectively, “Defendants”) on September 4, 2015 in the District Court for the District of Connecticut. Please note that Oblon represents Lumetique in this matter.

In its Complaint, Lumetique alleges that “Defendants manufacture, import, offer for sale, and sell certain candle products, including the Nature’s Light series of candles” that infringe two utility patents and two design patents. Specifically, the Complaint alleges that Defendants infringe U.S. Patent Nos. 8,961,171; 9,039,409; D643,554; and D644,359.  By way of example, Figure 1 from D644,359 and Figure 1 from D643,554 are provided below, respectively:

By David. M. Longo, Ph.D.
| August 6, 2015
On August 5, 2015, WIPO announced (available here) that its Global Design Database (available here) has added more than 1 million design documents based on data from the U.S., Japan, and Spain.

According to the announcement, users can now use the Global Design Database to search industrial designs registered under the WIPO-administered Hague System*, as well as designs from the U.S., Japan, Spain, Canada, and New Zealand. WIPO indicates that it plans to add other countries’ design data “in the coming months.”

The Global Design Database includes a user-friendly customizable interface, including various search categories, filters, and sorting capabilities.

As of this posting, the Global Design Database reports contents of 1.2 million design documents drawn from among 153,044 Canadian designs, 479,755 Japanese designs, 482,444 U.S. designs, 93,683 Spanish designs, 44,132 New Zealand designs, and 40,762 International (Hague) designs.

*The WIPO-administered Hague System has been previously discussed on this blog (here, here, here, and here). More information about the Hague system can be found here.