Although utility patents are far-and-away the most common type of patents, design patents present additional options for protecting consumer products. These patents stop competitors from copying a product’s unique and inventive look and/or design. Recent decisions have granted significant infringement damages to patent owners—with one such case resulting in a $339 million verdict. (See Samsung Electronics v. Apple).

What are design patents?

In short, design patents claim part or all of a product’s ornamental look. This includes an article’s shape, configuration, or surface. Examples of consumer-product-related design patents include:

• Container lids,
• Eyeglass frames,
• Snowboard bindings,

Earlier this month, we saw an eye-opening Ninth Circuit opinion regarding products liability theories applied to social media apps. In short, the Ninth Circuit held section 230 of the Communications Decency Act does not shield the owner of a social media app from liability for third party content when the dispute involves the design of the app, rather than the content on it. Check out this detailed analysis from our friends at the Social Media Law Bulletin.… Continue Reading

In the first few months of the Biden Administration, the Food and Drug Administration has continued to actively pursue companies marketing and selling CBD products in violation of the Federal Food, Drug and Cosmetic Act (the “FD&C Act”), picking up where the Trump administration left off. FDA’s recent efforts target products marketed as unapproved drugs for pain relief.

FDA previously issued rounds of warning letters to companies marketing CBD dietary supplements as effective for treating serious diseases such as cancers, or because CBD was added to human and animal foods, all in violation of the FD&C Act.

In the latest … Continue Reading

In the dawn of the new administration, the U.S. Food and Drug Administration (FDA) withdrew its “Cannabidiol Enforcement Policy,” a document that stakeholders had hoped would deliver long-overdue guidance on cannabidiol (CBD) regulations. The White House had completed its review of the document back in July, although no subsequent action followed, and the contents were never released to the public. The document was not specifically targeted—a Biden administration memo instructed the federal agencies to withdraw all pending rules—and so we cannot draw any conclusions at this point on whether the freeze represents a change in approach on CBD regulation from … Continue Reading