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Opening a Can of Worms for Design Patent Obviousness?

Opening a Can of Worms for Design Patent Obviousness?

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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District Court Stays After SAS – Simplified Or Not?

District Court Stays After SAS – Simplified Or Not?

By John Marlott After SAS, does institution of an IPR make a district court more or less likely to stay a parallel litigation?  Maybe, maybe not. In its April 2018 decision in SAS Institute v. Iancu, the U.S. Supreme Court ruled that the PTAB cannot take a selective,...

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PTAB Precedential Decision Recap

PTAB Precedential Decision Recap

The PTAB has been very active in designating decisions precedential and informative in 2019.  Here's a recap of designations so far: Real parties in interest, 35 U.S.C. §§ 312(a)(2), 322(a)(2) Precedential - Adello Biologics LLC v. Amgen Inc., Case PGR2019-00001,...

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