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Sarah Fackrell

@design-law.bsky.social
21K followers 4.9K following 365 posts

Professor of Law at Chicago-Kent. Design patent geek. Also interested in #ScheduleA litigation. Full bio (including link to CV): kentlaw.iit.edu/law/faculty-scholar…

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Sarah Fackrell @design-law.bsky.social · 16h
D8,885 - issued in 1876 for a design for a "breastpin." #DesignPatents
per the spec: "My design consists in a breastpin the baseplate of which represents a portion of a branch of a tree, the face of which is ornamented by two roses, with leaves projecting from each side, and by forget-me-nots and lilies, with appropriate leaves, toward the ends of the supporting-plate.:
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Andrew Guthrie Ferguson @profferguson.bsky.social · 03/10/2026
Do you know if there are any conversations going on about law review editors using AI to edit accepted articles? I can imagine that across the hundreds of law reviews that there will be a temptation to use AI to fix footnotes, add parentheticals, and even edit. 1/2
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Eric Goldman @ericgoldman.bsky.social · 03/10/2026
"large firms are now recruiting students from top-tier law schools almost as soon as they walk onto campus. Law students don’t like it. School administrators don’t like it. The firms doing the interviews don’t seem to like it, either" <== this system is meshugenah www.reuters.com/legal/litiga...
reuters.com
COMMENTARY: Law firms' recruiting race is making law students miserable
In law firms’ never-ending quest to best their competitors, large firms are now recruiting students from top-tier law schools almost as soon as they walk onto campus.
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Sarah Fackrell @design-law.bsky.social · 02/10/2026
Happy weekend, friends! What are we watching, reading, listening to, or otherwise doing for fun (or distraction)?
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Michael Lobel @mlobelart.bsky.social · 02/10/2026
While most know major Renaissance works at the Vatican, notably the Sistine Chapel, I think many are likely unaware the Vatican Museums also include modern art, including a stupendous example of Jacob Lawrence's "Builders" works, donated by the artist himself www.museivaticani.va/content/muse...
Painting of figures in a carpenter shop or the like, at work
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Sarah Fackrell @design-law.bsky.social · 02/10/2026
D342 - issued in 1851 for a design for a stove. #DesignPatents
design patent drawings showing a "dolphin" shaped stove decoration
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Sarah Fackrell @design-law.bsky.social · 02/10/2026
After 20 years on senior status, Federal Circuit Judge Raymond C. Clevenger III is retiring:
cafc.uscourts.gov
The Honorable Raymond C. Clevenger III Retires from the Federal Circuit - U.S. Court of Appeals for the Federal Circuit
Circuit Judge Raymond C. Clevenger III retired from judicial service on October 2, 2026, concluding more than 36 years on the U.S. Court of Appeals for the Federal Circuit. President George H. W. Bush...
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Sarah Fackrell @design-law.bsky.social · 02/10/2026
This one is for all the Property profs out there:
In Count I, Plaintiff alleges that Defendants continue to misappropriate its property, namely the experience of live games and events it hosts at Wrigley Field. To prevail on its claim, Plaintiff must provide evidence that (1) it “created a product through extensive time, labor, skill or money,” (2) Defendants “used [its] product in competition with [Plaintiff], gaining a special advantage … because [Defendants] bore little or no burden of the expense of development,” and (3) Defendants’ use of Plaintiff’s product caused “commercial damage.” McNabb Bennett & Assocs., Inc. v. Terp Meyers Architects, 1987 WL 7817, at *6 (N.D. Ill. Mar. 10, 1987) (Williams, J.).
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Sarah Fackrell @design-law.bsky.social · 02/10/2026
Just in case any trademark litigators are thinking about trying this:
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Chicago Sun-Times @chicago.suntimes.com · 30/09/2026
“Alderman Merriam’s Shells,” which midcentury Chicago artist Gertrude Abercrombie painted for a Hyde Park alderman, is expected to fetch north of $150,000.
chicago.suntimes.com
Gertrude in a garage: A $30 Michigan estate sale find heads to major art auction Thursday
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Hyperallergic @hyperallergic.com · 01/10/2026
The Milwaukee Art Museum has returned two 19th-century stoneware vessels by Dave (David) Drake to the descendants of the African-American ceramicist under an ownership transfer agreement that allows the objects to be displayed long-term.
hyperallergic.com
Milwaukee Art Museum Returns Two Jars to David Drake’s Descendants
The Wisconsin museum’s ownership transfer was followed up by a Virginia museum’s announcement of the return of another “Dave the Potter” vessel this week.
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MPEP Posts @mpep.bsky.social · 01/10/2026
1502.02: In addition to the signature requirements for patent practitioners registered under 37 CFR 11.6(a)-(c), design patent practitioners must indicate their design patent practitioner status in order to avoid public confusion and make the record clear. For handwritten signatures, …
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Sarah Fackrell @design-law.bsky.social · 01/10/2026
This book jacket copy is a JOURNEY:
Shirley Bury' s
account not only sheds light on the
seething industrial life of Victorian
England and on the tastes and fashions
of the time, but also includes much
unfamiliar material on the Great Exhibition
of 1851, on electrotyping and
Prince Albert's interest in it, on the
nightmarish electrotyping expedition
to Russia, and on the macabre practice
of putting a layer of silver on natural
objects such as a real roses or dead mice
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Sarah Fackrell @design-law.bsky.social · 01/10/2026
D832,659 - issued in 2018 for a design for a "knife block set." #DesignPatents
design patent claiming four rounded-rectangular holes in an unclaimed knife block. two unclaimed knives are also disclosed
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Zahr K. Said @zahrsaid.bsky.social · 01/10/2026
Thomson Reuters v. Ross (the almost but not quite gen AI case): opinion is now out, and, the panel tells us, this is like any other ordinary copyright case. Naturally then, the dictum reads like this: “This story begins with our country’s founding.”
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Mark Lemley @marklemley.bsky.social · 01/10/2026
The Thomson v. ROSS Intelligence opinion is now published, and it mostly does no harm. In particular, it doesnt rule on AI training in general or on the market dilution theory. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
#214 in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc (3rd Cir., 25-2153) – CourtListener.com
PRECEDENTIAL OPINION. Coram: RESTREPO, MONTGOMERY-REEVES and BOVE, Circuit Judges. Total Pages: 32. Authoring Judge: Montgomery-Reeves (SB) [Entered: 09/30/2026 12:28 PM]
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Sarah Fackrell @design-law.bsky.social · 01/10/2026
Any other women out there just doing a lot of blocking this week?
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Jane Rosenzweig @janerosenzweig.bsky.social · 01/10/2026
Something that's surprisingly useful is asking my students to draw their research papers. They make all sorts of interesting diagrams and some always say they find it clarifying in unexpected ways (realizing a side point is the main point kind of thing). Low tech, done in class, no outsourcing.
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
Apparently, Squires is now referring to the Patent Trial & Appeal Board as just "PTAB" instead of "the PTAB." I, for one, will not be following his lead.
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Tom Cotter @thomascotter1.bsky.social · 28/09/2026
The $5.72 Billion Jury Award in Taction v. Apple: comparativepatentremedies.blogspot.com/2026/09/the-...
comparativepatentremedies.blogspot.com
The $5.72 Billion Jury Award in Taction v. Apple
Readers probably have already heard that on Friday a jury awarded damages in the amount of $5.72 billion in  Taction Technology, Inc. v. App...
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
Well, you don't see that every day. From the complaint in Deke (Hangzhou) E-Commerce Co., Ltd. et al v. CKNAPP Sales, Inc., Docket No. 1:26-cv-01424 (C.D. Ill. Sep 29, 2026).
The ‘611 Patent
12. The ‘611 patent, titled “Desk Exercise Cycle,” issued on September 12, 2017, from
U.S. Patent Application No. 14/156,336, filed on January 15, 2014. The specification states that
the application claims the benefit of U.S. Design Patent Application No. 29/475,143, filed on
November 29, 2013
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Ed Timberlake @trademarksaremagic.bsky.social · 30/09/2026
Per Complaint: "Sir Pizza has ... developed distinctive trade dress in . . . the overall appearance of its pizzas, which are consistently presented with a thin crust, chopped toppings carried to the edge, chopped or diced pepperoni rather than round slices . . . and a signature square-cut style"
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
Glick Metals, LLC v. Marco Industries, Inc., Docket No. 4:26-cv-00585 (N.D. Okla. Sep 21, 2026). Based just on the views shown here, this is not a slam-dunk case of design patent infringement. But it's not awful. However, the plaintiff completely omitted figure 1 from both claim charts.
claim chart for one design patent, omitting figure 1asserted patent, figs 1-2
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
I have so many questions.
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
D793,478 - issued in 2017 for a design for a "vehicle window hawk sign." #DesignPatents
sign shaped like a police badge, decorated with a picture of a hawk that has human hands. the hawk holds a phone with a "no" sign over it. the sign says at the bottom: "save a life! don't text and drive!"
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
[SENATOR ERIC SCHMITT]: So you’re telling me under oath that you've never claimed to be the inventor of a new and useful method? [JACK SMITH]: No, I don’t think— [SCHMITT]: WELL THEN *unveils poster* please explain this picture from a patent with your name on it! [SMITH]: That is a design patent
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
IP issue-spotter of the day:
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Sarah Fackrell @design-law.bsky.social · 30/09/2026
Observation: The illustrations in early type-font design patents look a lot like the illustrations you would see in 19th-century type-foundry specimen books.
D15,749, issued in 1885 for a design for "type"screenshot from the 1848 Bruce specimen book
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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 30/09/2026
New on Patently-O: The USPTO just released a SMED flowchart to help applicants navigate Subject Matter Eligibility Declarations. We break down what this means for your patent strategy and why disinterested declarants matter more than ever.
patentlyo.com
Tie Goes to the Applicant: The USPTO's SMED Flowchart
USPTO Director John Squires issued another memorandum on Subject Matter Eligibility Declarations (SMEDs) today
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Aaron Moss @copyrightlately.bsky.social · 29/09/2026
BREAKING: The Third Circuit affirmed Thomson Reuters' win over ROSS, the first appellate ruling on fair use in AI training. Westlaw's headnotes sit behind a paywall. The court's reasoning now sits behind a seal. My quick take: copyrightlately.com/thomson-reut...
copyrightlately.com
Signed, Sealed, Affirmed: Third Circuit Backs Thomson Reuters over ROSS
The first federal appeals court to weigh fair use in AI training sided with Thomson Reuters over ROSS. Why it did so, for now, is under seal.
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Sarah Fackrell @design-law.bsky.social · 29/09/2026
D908,183 - issued in 2021 for a design for a "hawk." #DesignPatents
figurine shaped like a hawk sitting on a rock
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Dennis Crouch - Patently-O @denniscrouch.bsky.social · 29/09/2026
Crocs is asking the Supreme Court a tricky question: can one ITC determination start two different appeal clocks? The Federal Circuit said no - and dismissed Crocs' appeal as late. Read the latest from Patently-O on this procedural puzzle.
patentlyo.com
One Determination, Two Clocks: Crocs Asks the Supreme Court to Fix ITC Appeal Deadlines
Crocs asks the Supreme Court whether one ITC determination can start two appeal clocks after the Federal Circuit dismissed its appeal as late.
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Ed Timberlake @trademarksaremagic.bsky.social · 29/09/2026
today in likelihood of confusion
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alex roberts @lexlanham.bsky.social · 29/09/2026
today is kat von D day! & it's almost 130pm in san francisco 👀
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Meredith Lowry @meredithlowry.bsky.social · 29/09/2026
THE PUBLIC SHOULD BE ABLE TO ACCESS PUBLIC DOCUMENTS. No one should have to verify their identity (much less send their ID information to a tech company) to access patents. <END RANT>
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Sean Marotta @smmarotta.bsky.social · 29/09/2026
I hope they argue the CASES, APPEALS, AND PETITIONS FOR REVIEW IDENTIFIED ON SCHEDULE A HERETO.
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Meredith Lowry @meredithlowry.bsky.social · 29/09/2026
Today in design patents: D1150216 issued to Meta for glasses and D1150218 (right) issued to Amazon for a wearable device. #DesignPatents
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Sarah Fackrell @design-law.bsky.social · 29/09/2026
The Federal Circuit will sit at @chicagokentlaw.bsky.social on 10/6! www.cafc.uscourts.gov/chicago-law-...

Chicago Law Schools Become Federal Courtrooms for Citywide October Session

The U.S. Court of Appeals for the Federal Circuit will hold oral arguments at six Chicago law schools and the U.S. Court of Appeals for the Seventh Circuit courthouse from October 5 through October 8. Eight three-judge panels will hear 32 pending appeals drawn from the court’s nationwide docket. The full press release is available here (pdf).
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Meredith Lowry @meredithlowry.bsky.social · 29/09/2026
Today in design patents: D1150349 issued for a fountain. #DesignPatents
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Meredith Lowry @meredithlowry.bsky.social · 29/09/2026
Today in design patents: D1150437 issued for an orthopaedic surgical instrument with surface ornamentation. #DesignPatents
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Sarah Fackrell @design-law.bsky.social · 29/09/2026
D162,553 - issued in 1951 for a design for a "sport shirt." #DesignPatents
design patent claiming a design for a shirt decorated with cartoon elephants
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Michael @sqfreak.bsky.social · 29/09/2026
What possible justification can there be for this? Especially because the same data is available without registration from tons of other sources, like Google Patents and the EPO's Espacenet? Are they experiencing some bot floods or DDoS attacks?
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Meredith Lowry @meredithlowry.bsky.social · 29/09/2026
Today in design patents: D1150548 issued to Apple for a room. Not a screen in the back of a room. A room. Reminder - anything shown in dashed lines is not part of the patent claim. #DesignPatents
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Meredith Lowry @meredithlowry.bsky.social · 29/09/2026
There are 5 weeks until the midterm elections, I'm annoyed with Patent Public Search already and there are still 1,530 design patents to review, so we're starting with something pretty, namely D1149394 issued for a patterned textile sheet for piece goods, clothing, bags and the like. #DesignPatents
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Meredith Lowry @meredithlowry.bsky.social · 29/09/2026
Today in design patents: D1150673 issued for a hand cleaning device. #DesignPatents
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Sarah Fackrell @design-law.bsky.social · 29/09/2026
"U.S. Patent and Trademark Office Director John Squires has postponed an unprecedented celebration of his first year in office after it raised a series of ethics concerns...."
law360.com
Squires Cancels Anniversary Event Amid Ethics Questions - Law360 UK
U.S. Patent and Trademark Office Director John Squires has postponed an unprecedented celebration of his first year in office after it raised a series of ethics concerns, a source with close ties to t...
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Sarah Fackrell @design-law.bsky.social · 29/09/2026
#LKQvGM, damages phase:
law360.com
Sanction Bids In LKQ, GM Patent Case Are Rejected By Judge - Law360 UK
General Motors and a company that got the Federal Circuit to set more flexible standards for assessing whether a design patent is obvious had their requests to sanction each other shot down on Monday ...
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Eric Goldman @ericgoldman.bsky.social · 29/09/2026
There are no small parts, only small copyright infringements #QueerEye #Lego business.cch.com/ipld/Concann...
Side-by-side of jacket and minifig jacket
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alex roberts @lexlanham.bsky.social · 29/09/2026
surfside has dropped its trade dress infringement suit (striped can; sunshine) against anheuser-busch over skimmers hard lemonade i was never that impressed by it but i know some disagreed www.inc.com/lucia-auerba...
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Sarah Fackrell @design-law.bsky.social · 28/09/2026
Like, here is a rule. And here is a conclusion. But you have to explain HOW you got there. (At least, if you want to win/pass.)
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