PTAB Litigation Blog
  • Home
  • Cookie Policy
  • About
  • Advanced Topics
  • Contributors
  • Contacts
  • Design Patents
  • Discovery
  • District Court
  • Joinder
Select Page
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...
If IPR’s Not Your Bag, Consider Ex Parte Reexamination

If IPR’s Not Your Bag, Consider Ex Parte Reexamination

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...
Two’s a Crowd: Prior Art in Design Patent Claim Construction

Two’s a Crowd: Prior Art in Design Patent Claim Construction

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...
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...

About this blog

Follow us on Twitter

Categories

  • 325(d) issues
  • Amendment Practice
  • CBMs
  • Claim Construction
  • Design Patents
  • Discovery
  • District Court
  • Estoppel
  • Evidentiary Issues
  • Expert Witnesses
  • Federal Circuit
  • Federal Circuit Appeal
  • Final Written Decisions
  • Joinder
  • Motions Practice
  • Other News
  • Patent Eligible Subject Matter
  • Petitions
  • PGR
  • Pharmaceutical
  • Preliminary Responses
  • Prior Art Issues
  • PTAB News
  • PTAB Trial Basics
  • Real Party in Interest
  • Request for Reconsideration
  • Standing
  • Stay
  • Time Limits
  • Trial Institution
  • Uncategorized

Archives

Links

www.jonesday.com

About Jones Day's Intellectual Property Practice

Subscribe to Jones Day publications

  • Privacy
  • Facebook
  • Twitter
  • RSS

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.