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....
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...
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...
