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...
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...
by John Evans, Ph.D. | Jul 19, 2021 | Federal Circuit Appeal, PTAB News
By John Evans, Dave Maiorana, and Steven Nosco* – On June 21, 2021, the Supreme Court issued a decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal officer” authority in their final written...
by John Evans, Ph.D. | Jun 29, 2021 | Design Patents, PTAB News
By John Evans and Callan Foran* These days, we generally think about inter partes review as a first option to challenge patentability. Rightly so. But don’t forget about ex parte reexamination (“XPR”). Even in the IPR era, patent challengers are still successfully...
by John Evans, Ph.D. | Apr 29, 2021 | Design Patents, PTAB News
By John Evans and Hannah Mehrle – On April 15, 2021, the PTAB issued a Final Written Decision in the LKQ Corp. case finding a design patent claiming a vehicle fender panel unpatentable as obvious. IPR2020-00064, Paper No. 39 (Apr. 15, 2021). The obviousness...
