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Balance is Key in Design Patent Claim Drafting

Balance is Key in Design Patent Claim Drafting

by John Evans, Ph.D. | Aug 10, 2020 | Claim Construction, Design Patents

By Clarissa Sullivan and John Evans The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in Sattler Tech Corp. v. Humancentric Ventures, LLC.  No....
Wurst Case Scenario: Sausage Tray Design Patent Found Obvious

Wurst Case Scenario: Sausage Tray Design Patent Found Obvious

by John Evans, Ph.D. | Apr 27, 2020 | Design Patents, Other News

By Kerry Barrett and John Evans – Last October, the Federal Circuit reversed the PTAB’s decision that a challenged design patent was not obvious.  Campbell Soup Co. v. Gamon Plus, Inc., 939 F.3d 1335 (Fed. Cir. 2019).  We wrote about how the court applied a more...
Opening a Can of Worms for Design Patent Obviousness?

Opening a Can of Worms for Design Patent Obviousness?

by John Evans, Ph.D. | Oct 4, 2019 | Design Patents, Federal Circuit Appeal

By Kerry Barrett and John Evans Design patent obviousness requires a heavy threshold burden of proof.  Challengers have to find a “primary reference,” i.e., prior art that has “basically the same” design characteristics as the claimed design.  Below is an example of...

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