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Federal Circuit Tables Scrutiny of Rosen under KSR

Federal Circuit Tables Scrutiny of Rosen under KSR

by John Evans, Ph.D. | Feb 6, 2023 | Design Patents, PTAB News

By John Evans and Jesse Wynn – A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...
Rosen Set Table For Design Patent Obviousness, LKQ Might Clear It

Rosen Set Table For Design Patent Obviousness, LKQ Might Clear It

by John Evans, Ph.D. | Jan 12, 2023 | Design Patents, Federal Circuit Appeal

By John Evans and Josh Gold-Quiros – Big changes to design patent invalidity law may be coming.  A pending IPR appeal challenges the Federal Circuit’s 40-year-old obviousness formula as inconsistent with the Supreme Court’s rejection of “a rigid rule that limits...
IPR Estoppel A Paper Tiger?

IPR Estoppel A Paper Tiger?

by John Evans, Ph.D. | Aug 26, 2022 | District Court, Estoppel, PTAB News

By Lisa Furby, John Evans, and Michelle Smit – After a final written decision issues, an IPR petitioner is statutorily estopped from going back to the district court and arguing that the same claims are “invalid on any ground that the petitioner raised or...
No Soup for You! Partial Display Design Patent Found Obvious

No Soup for You! Partial Display Design Patent Found Obvious

by John Evans, Ph.D. | Sep 3, 2021 | Design Patents, Federal Circuit

By Kerry Barrett and John Evans – As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc.  But to be persuasive, a nexus must exist...
Post-Arthrex PTAB Appeals Mostly Moving On From Constitutional Kerfuffle

Post-Arthrex PTAB Appeals Mostly Moving On From Constitutional Kerfuffle

by John Evans, Ph.D. | Aug 11, 2021 | Federal Circuit Appeal

By John Evans, Dave Maiorana, and Steven Nosco* – This is a follow up to our earlier post about the fallout from the Supreme Court’s June 21, 2021 decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal...
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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.