Are Design Patents The Most Interesting Intellectual Property Asset In ITC Investigations?

A recent final determination in Investigation No. 337-TA-1400 issued by the US International Trade Commission (ITC) may have some clients saying, "I don't always seek ITC enforcement. But when I do, I prefer to include a design patent." GoPro, Inc. had alleged that Arashi Vision, Inc. d/b/a Insta360 (Insta 360) infringed claims of five different utility patents and one design patent. The ITC found no violation for any of the utility patents, yet issued [...]

VR Images, AR Images, Projections, And Holograms Are Now Patentable Designs At The USPTO

The United States Patent and Trademark Office (USPTO) published Supplemental Guidance for Examination of Design Patent Applications Related to Computer‑Generated Interfaces and Icons1 in the Federal Register2 that are effective March 13, 2026. The guidance significantly expands flexibility for design patent applicants seeking protection for graphical user interfaces (GUIs), icons, and emerging digital designs, including projected, holographic, virtual‑reality (VR), and augmented‑reality (AR) interfaces. The guidance updates the Manual of Patent Examining Procedure (MPEP) relating to the [...]

The Goal-Line Call In IP Strategy: Patent Or Trade Secret?

As the Seattle Seahawks and the New England Patriots meet again on football's biggest stage, the rematch inevitably pulls everyone back to one moment. Different rosters. Different seasons. Same unresolved question. With a championship on the line, memories of the one-yard line come rushing back, not because the teams are the same, but because the decision still divides fans, analysts, and armchair quarterbacks. As a brief recap (apologies to Seattle fans for reopening old [...]
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