by John Evans, Ph.D. | Feb 12, 2024 | Design Patents, Federal Circuit
By Jesse Wynn and John Evans – Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough...
by John Evans, Ph.D. | Aug 1, 2023 | Design Patents, PTAB News
By John Evans, Vishal Khatri, and Jesse Wynn – In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v....
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...
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...
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. | 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...