Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references. But the test for obviousness for design patents differs from the more familiar standards for utility...more
“Recently, demand response opportunities for residential customers have been expanding. Where these programs allow energy providers to directly control, through the internet, consumers’ smart thermostats and appliances,...more
Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency plan. This motion, accompanied by proposed substitute claims, allows the patent owner a fallback position...more
The U.S. International Trade Commission (ITC) has a long reach over proprietary processes performed in foreign countries. Owners of patents covering, for example, methods for making a chemical material used to make other end...more
This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their...more