Following Samsung's successful attempt for temporary relief from an injunction against their Galaxy Nexus smart phone, and Samsung's unsuccessful attempt for temporary relief from an injunction against their Galaxy Tab 10.1 tablet, see Bloomberg, British High Court Judge Colin Birss has issued a judgment that at p. 39 states, with emphasis added:

The informed user’s overall impression of each of the Samsung Galaxy Tablets is the following.  From the front they belong to the family which includes the Apple design; but the Samsung products are very thin, almost insubstantial members of that family with unusual details on the back.  They do not have the same understated and extreme simplicity which is possessed by the Apple design.  They are not as cool.  The overall impression produced is different.


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The Intellectual Property Owners Association (IPO) has designated the IPO Design Rights Committee as a recipient of the 2012 Outstanding Committee of the Year award.  We congratulate Ed Tracy, a Senior Attorney in Oblon Spivak's Electrical and Mechanical Patent Prosecution and Industrial Designs groups, for his service as Vice Chair on the award-winning IPO Design Rights Committee.

The Outstanding Committee of the Year Award has been given in recognition of outstanding service in promoting reliable, effective, and up-to-date intellectual property systems since 2003.


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Further to the CAFC decision discussed in our prior post, Judge Koh of the United States District Court for the Northern District of California has issued a preliminary injunction against the Samsung Galaxy Tab 10.1, based on the CAFC decision overruled the District Court's assessment of D'889.  A copy of the order granting the preliminary injunction has been posted by AllThingsD.

Foss Patents has reported that Samsung has appealed the order. 


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Thule, Inc. and Thule Sweden AB filed suit against Stachura Holdings, LLC, and its subsidiaries, AtomixAuto and roofrackforcars.com, and Strona Industrial Inc. in the District of Connecticut alleging infringement of Thule’s design and utility patents for automobile roof racks.  The complaint alleges that the defendants infringe the plaintiffs’ design patent, D415,096, which claims “the ornamental design for a ski-carrier for vehicles.”  A figure from the design patent at issue is shown to the right.

An image of Thule’s 92726 Universal Pull Top Rack, taken from their website (last visited 06/12/2012), is shown below. 


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American Beverage Corp. (ABC) and Pouch Pac Innovations filed suit against Diageo and its subsidiary, the Captain Morgan Co., in the Western District of Pennsylvania alleging, inter alia, design patent infringement.  The complaint alleges that the defendants infringe the plaintiffs' design patent, D571,672, which claims "the ornamental design for a flexible pouch."  Figures from the design patent at issue are shown to the right.  
 
An image of a commercial embodiment of the claimed design, as used for ABC's Dailey's Cocktails, is show below (left) alongside the defendants' Parrot Bay Cocktail package (right), which is alleged to infringe the patented design.




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