In the field of innovation and invention, patents are often the window into the game between technological progress and intellectual property protection. Today, several infringement cases of products that we often come into contact with in our daily lives will be shared, including sink holders, wall lamps, and poultry feeders.
Case information
案件号:24-CV-02988
Case filing time: April 13, 2024
Plaintiff: M**ang
代理律所：Lance Liu
The plaintiff holds U.S. Patent 11,**69B2 relating to an invention called "Bracket for Installing a Sink," which was granted on July 13, 2021. This patent has priority based on the Chinese patent application CN2018**646.1 filed on October 9, 2018.
In the U.S. review process, the specific structure of the holder was added to the claim to obtain authorization, that is, a detailed description of the structure of the specific holder, as shown in the figure below, for the bracket for installing the sink.
Case information
案件号:24-CV-02985
Case filing time: April 12, 2024
Plaintiff: Y**ong
代理律所：Dewitty And Associates, Chtd.
The plaintiff was a seller in Zhuhai whose wall lamp, the first of its kind to land on Amazon, had won market recognition for its excellent quality and positive reviews. This wall lamp is ideal for adding sparkle to areas such as living rooms, bathrooms, bedside, storage and hallways. His product filed for a U.S. design patent on November 16, 2022, and was successfully granted on October 24, 2023.
Case information
案件号:24-CV-02773
Case filing time: April 5, 2024
原告：Riverbend Resources, Inc.
代理律所：Bishop Diehl & Lee, Ltd.
The plaintiff found that the design of traditional poultry feeders was cumbersome and could not protect them from the wind and rain. Therefore, a poultry feeder that uses gravity to automatically supply feed was invented, which not only maintains the stability of feed supply, but also saves the time and cost of farmers. The product in question is precisely this innovative feeder, which has two registered patents.
The first patent D1014867, filed on May 26, 2020 and granted on February 13, 2024, is limited to the solid line part of the product design.
The second patent D1021277, which provides broader protection for the continuation of the previous patent: any entrance with the same or similar design as the solid line section constitutes infringement. In contrast, the first patent is only found to be infringing if the design of the end and end of the product matches.
If your product involves an existing invention patent, it is recommended to interpret the patent of the product, understand the limits of patent protection, and then explore whether it is possible to circumvent the design. If there is no better structure to circumvent substitution, it is recommended to conduct a patent invalidation search to collect prior art that can invalidate the validity of the patent, and then file an invention patent IPR invalidation.
The benefits of adopting this strategy are:
First, a request for invalidation is filed with the United States Patent and Trademark Office (USPTO), and the office usually decides whether to file the case within three months.
Second, if the case is filed, the patent will be considered to be materially flawed. Although patent holders may continue to file complaints against us, their application for a preliminary injunction (TRO) will not be granted.
Finally, if they continue to complain, we have a high degree of success in taking counterclaim measures and applying for TRO. There is a precedent for this in the U.S., and the TRO we applied for was designed to stop them from taking our products off the shelves, which helped with our link recovery.
IPR invalidation proceedings are lengthy and costly, but with the help of strong prior art, we may be able to facilitate a settlement between the parties and negotiate terms that are favorable to us to ensure that the product is sold sustainably. The invalidation procedure also applies to design patents, as long as there is a similar design that existed earlier, it can be a strong basis for invalidation.
It is important to prevent infringement and avoid subsequent complex infringement disputes. Before developing and launching a product, you should:
1. For highly functional products, such as the above-mentioned rights protection products, invention and design patent searches are required in order to assess potential risks. Analyze product launch times and supply chain information for an approximate assessment.
2. If the product is the company's star product, and the relevant patent has expired or expired, the possibility of registering a trademark should be explored. You can search by brand name.
3. Direct copying should be avoided for products with unique designs that are protected by copyright. Since copyright search is difficult and copyright can be applied for after the fact, it should be treated with caution.