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Not So Secondary: Overcoming Obviousness With Objective Indicia

Not So Secondary: Overcoming Obviousness With Objective Indicia

by David Cochran | Apr 9, 2018 | Evidentiary Issues, PTAB Trial Basics

By: Rich Graham and Dave Cochran On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious.  Fox Factory, Inc. v. SRAM, LLC,...
PTAB Issues First Post-LKQ Design Patent Decision

PTAB Issues First Post-LKQ Design Patent Decision

by John Evans, Ph.D. | Sep 27, 2024 | Design Patents, Prior Art Issues, PTAB News

By Connor Scholes and John Evans – On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024)...
LKQ v. GM:  PTAB and Examiner Guidance on Design Patent Obviousness from USPTO

LKQ v. GM: PTAB and Examiner Guidance on Design Patent Obviousness from USPTO

by Matthew Johnson | Jun 19, 2024 | Design Patents, Federal Circuit Appeal, Prior Art Issues

By John Evans, Jesse Wynn, and Erin Bies* – Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit.  In its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling...
En Banc Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

En Banc Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

by John Evans, Ph.D. | May 23, 2024 | Design Patents, Federal Circuit Appeal, PTAB News

By John Evans and Jesse Wynn – The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.”  LKQ v. GM,...
VLSI Claims Deemed Unpatentable

VLSI Claims Deemed Unpatentable

by Matthew Johnson | Jun 7, 2023 | Final Written Decisions, PTAB News

By Adam J. Cook,* Christian Roberts, and Matt Johnson – On May 12, 2023, the Intel v. VLSI chronicle continued as the PTAB issued a final written decision holding that all of the challenged claims of VLSI’s U.S. Patent No. 7,725,759 (“the ’759 patent”) were...
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    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.