Tips For Patenting And Protecting Wearable Technology

Law360 (July 12, 2019, 1:12 PM EDT) -- Until recently, fashion brands’ interests in patents mostly focused on obtaining and enforcing design patent protection. The recent introduction of technology into fashion leads to increased concern with respect to utility patents and, more particularly, fashion brands are seeing the impact of changing standards of patent eligibility under Section 101 of the Patent Act.

They are learning that the introduction of technology in fashion can be used as a trigger for a patent holder to enforce rights against one or more fashion brands. For example, in Cellspin Soft Inc. v. Fitbit Inc.,[1] Cellspin Soft asserted a series of patents, some going...

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