@design_law@mastodon.social
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design_law

@design_law@mastodon.social

Art major turned law professor. Teaching #Patents, #DesignLaw & #CivPro at #SuffolkLaw.

Researching & writing about #DesignPatents. Currently thinking a lot about the #ScheduleA phenomenon.

Trying to make #PatentFedi happen.

Coauthor of Patent Law: An Open-Access Casebook https://patentlawcasebook.com/

When I'm not thinking about law, I'm usually studying languages (#español, #français & #svenska), reading novels, or watching Netflix.

#tfr

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design_law, to random
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Good morning to everyone except the dude who was shooting me (and my mask) nasty looks in the airport security line

design_law,
@design_law@mastodon.social avatar

@NIH_LLAMAS Nope. Some guy ahead of me in line

design_law, to random
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Law360: "Judge Taranto said he's typically 'disappointed' with the [amicus] briefs submitted to the court, and urged the attorneys in the room to do better. 'It's very rare we get amicus briefs that say something beyond what the parties say,' he said. 'Most amicus briefs make broad, unsupported general assertions about things for which we aren't given independent basis to evaluate the truth of the assertions.'"

https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#LawFedi #PatentFedi

design_law, to random
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Law360: "U.S. Circuit Judge Richard Taranto told the room that the Federal Circuit currently has a backlog, which means oral arguments and opinions are being delayed." https://www.law360.com/ip/articles/1836807?nl_pk=2e71aa9c-c8f8-43ff-9d5a-fafec61b2085

#LawFedi #PatentFedi

design_law, to random
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SDFL judge orders Tesla to "file a Notice of Related Action by the close of business on May 13, 2024 identifying the four other related actions pending in the Southern District of Florida, along with a brief explanation why those claims and defendants were not included in the instant [#ScheduleA] case."

https://www.courtlistener.com/docket/68417469/tesla-inc-v-the-individuals-partnerships-and-unincorporated/

In response, the plaintiff explains how it grouped defendants as follows:

https://storage.courtlistener.com/recap/gov.uscourts.flsd.665250/gov.uscourts.flsd.665250.34.0.pdf

#Trademarks #PermissiveJoinder #CivProMatters

design_law, (edited )
@design_law@mastodon.social avatar

This part, though, is really something. Basically: "We want to sue 1,907 people and we filed them in five separate cases to spare YOU, THE COURT the burden of 1,907 separate cases."

Oh, please.

#Trademarks #PermissiveJoinder #CivProMatters #ScheduleA

design_law,
@design_law@mastodon.social avatar

They don't mention, of course, that this filing strategy saved them over 3/4 of a million dollars in filing fees.

design_law,
@design_law@mastodon.social avatar

This motion, which was later withdrawn, is also interesting: https://storage.courtlistener.com/recap/gov.uscourts.flsd.665250/gov.uscourts.flsd.665250.24.0.pdf

design_law,
@design_law@mastodon.social avatar

@SADLady Yes, the judgment comes at the end. But before issuing the temporary restraining order, the judge is supposed to decide whether they think the plaintiff is likely to succeed on the merits of their claims. That determination isn't final but it's supposed to be made.

design_law,
@design_law@mastodon.social avatar

@SADLady Now, whether judges are actually able to carefully consider the merits on such a short timeframe and with so many claims--bot to mention without adversarial process--is another question. I think most judges are trying their best but it's a lot. (Especially, I'll add, in design patent cases, where the judges are likely not as familiar with the underlying law.) We've seen at least some NDIL judges push back, saying >40 defendants is just too much.

design_law,
@design_law@mastodon.social avatar

@SADLady Well, U.S. federal judges don't get the paid by the case (the way, say, an arbitrator would). They get salaries paid by taxpayers. And it's their own faults that these cases are so big; they don't have to allow this mass-joinder or the asset freezes that make this litigation model so attractive. That being said, these cases must be exerting serious pressure on the judges' already limited time and attention.

design_law,
@design_law@mastodon.social avatar

@SADLady Would the judges actually be more burdened by separate cases? No, because these cases wouldn't be brought separately. It's the mass joinder that makes this litigation model "cost effective" or even lucrative.

design_law,
@design_law@mastodon.social avatar

@SADLady Interesting. I wish we had more information (or could reliably track) who's refilling and when.

design_law, to random
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These reactions make me worry that this Federal Circuit decision will push more patent owners to use #ScheduleA litigation instead of APEX:

https://www.law360.com/articles/1835632?e_id=d2e722f6-7363-44e9-a59a-96c018035cd9

design_law,
@design_law@mastodon.social avatar

Here's the decision: https://cafc.uscourts.gov/opinions-orders/23-1184.OPINION.5-2-2024_2311637.pdf

#SnapRays #CivProMatters

design_law, to random
@design_law@mastodon.social avatar

So, we're doing an IP event at my new school tomorrow. It will be the first time I'll talk about the #ScheduleA shakedown scheme while I am physically in the NDIL. Here we go....

meredithlowry, to random
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Today in design patents:

D1027176 issued for a staple instrument.

I've been asked why I post design patents. Most of the time it is because I want to showcase the range of design patents we have. Sometimes it is just because I think the device has an interesting design. #DesignPatents

design_law,
@design_law@mastodon.social avatar

@meredithlowry The better question is why other people DON'T post design patents. It's clearly the highest and best use of social media. 😊

design_law,
@design_law@mastodon.social avatar

@meredithlowry Me, subtweet? I would NEVER 😇

design_law, to random
@design_law@mastodon.social avatar

When I tell you that the Federal Circuit has read the word "ornamental" out of 35 U.S.C. § 171:

design_law, to random
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Here's the order from the #ScheduleA hearing @SADLady mentioned yesterday:

https://storage.courtlistener.com/recap/gov.uscourts.flsd.665177/gov.uscourts.flsd.665177.44.0.pdf

Note that the dismissals are "without prejudice," which means those defendants can be sued again.

The judge also set a hearing on the preliminary injunction for 6/10 at 2 p.m. Eastern.

design_law, to random
@design_law@mastodon.social avatar

D327,662 - issued in 1992 for a design for an "inflatable bouquet."

design_law,
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@apolaine No idea

annmlipton, to random
@annmlipton@esq.social avatar

that is not where i expected this sentence to end

design_law,
@design_law@mastodon.social avatar

@annmlipton 😮

williampietri, to random
@williampietri@sfba.social avatar

So I'm moving permanently across the country. I could happily keep my 415 phone number, or I could switch and get a local one. For people who have tried either path in the last few years, any thoughts?

design_law,
@design_law@mastodon.social avatar

@williampietri I changed my number when I got my first teaching job (12 years ago) and then again when I left that job (2 years ago).

The first time, it was fairly straightforward. The second time, it was a real pain. I discovered the hard way how many identity-verification issues are now connected to your phone number (not just 2FAs).

On the other hand, I've never had any problems with having an out-of-state area code. And at least in my generation (elder Millennial), it's almost expected.

design_law, to random
@design_law@mastodon.social avatar

D703,829 - issued in 2014 for a design for an "inflatable workshop."

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