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Prior Art Intellectual Property Protection Design Patent

McAfee & Taft

Old test becomes new standard for design patents

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In today’s competitive market, the visual appeal and unique ornamental design of a product can be as crucial to its success as its name or functionality. Protecting the distinctive look and feel of your company’s products can...more

ArentFox Schiff

New Obviousness Standard for Design Patents Has No Impact on $18 Million Jury Verdict

ArentFox Schiff on

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy...more

Jones Day

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

Jones Day on

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 test...more

Quarles & Brady LLP

R.I.P. Mr. Rosen: Federal Circuit Upends Longstanding Design Patent Obviousness Test

Quarles & Brady LLP on

Upending decades of continuity in the world of design patents, the United States Court of Appeals for the Federal Circuit (“CAFC”), sitting en banc in LKQ Corporation v. GM Global Technology Operations LLC, overturned the...more

Knobbe Martens

En Banc Federal Circuit Adopts a New Test for Design Patent Obviousness

Knobbe Martens on

Before Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark.  Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board....more

Jones Day

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Jones Day on

Now a more flexible Graham v. John Deere analysis applies. On May 21, 2024, the en banc Federal Circuit overruled the Rosen-Durling test for design patent obviousness, holding that Supreme Court law dictates "a more...more

Fenwick & West LLP

En Banc Federal Circuit Overrules Longstanding Test for Design Patent Obviousness

Fenwick & West LLP on

On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more

Jones Day

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

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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....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends: U.S. Court of Appeals for the Federal Circuit: New Chapters in Two Ongoing...

In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. design patents. The three 2023 opinions are Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., LKQ...more

Jones Day

En Banc Federal Circuit Questions Standard for Design Patent Obviousness

Jones Day on

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...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends: PTAB: Design Patents for GUI Interface Cancelled in AIA Proceedings

All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

Quarles & Brady LLP

Design Patent Obviousness Inquiry Is Up for Review at the CAFC

Quarles & Brady LLP on

As we have previously written about, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) has granted a petition for an en banc rehearing of LKQ Corp. et al v. GM Global Technology to rule on the...more

Sunstein LLP

Federal Circuit Narrows “Comparison Prior Art” for Design Patent Infringement

Sunstein LLP on

The Federal Circuit Court of Appeals recently narrowed the scope of “comparison prior art” that may be used in a design patent infringement analysis. “Comparison prior art” includes references used to help highlight...more

Linda Liu & Partners

Influence of the Determination of Technical Problem Actually Solved on the Determination of Technical Teaching | Case on...

Linda Liu & Partners on

The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more

Linda Liu & Partners

Determination of Product Packaging and Decoration that has Certain Influence | Curry Product Packaging Unfair Competition Dispute

Linda Liu & Partners on

When the text, graphics, colors and arrangement and combinations attached to the goods or their packaging can distinguish the source of the goods, it constitutes the packaging and decoration with certain influence protected...more

Linda Liu & Partners

The use of pictures in product brochures may also constitute patent infringement| Dispute over tyre design patent infringement

Linda Liu & Partners on

Summary of the judgment - The defendant’s use of the picture of the tyre GST67 in its product brochure without the plaintiff’s permission during the validity term of the plaintiff’s patent constituted the act of offering...more

Linda Liu & Partners

Basic Principles and Steps of Design Similarity Comparison |The Patent Infringement Case of “Beauty Roller”

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Legal basis of the judgment - Article 11 of the Interpretation of the Supreme People’s Court on Some Issues concerning the Application of Law in the Trial of Disputes over Infringement of Patent Rights gives the basic...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

Bradley Arant Boult Cummings LLP

Some Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous Art

In Corephotonics, Ltd. v. Apple Inc., the Federal Circuit partially signed off on Apple’s win before the Patent Trial and Appeal Board (PTAB) invalidating a number of patents owned by Corephotonics relating to dual-aperture...more

Morgan Lewis

Federal Circuit Lowers Bar for Proving Design Patent Infringement

Morgan Lewis on

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an...more

AEON Law

Patent Poetry: Federal Circuit Rules on “Comparison Prior Art” in Design Patent Infringement

AEON Law on

The Federal Circuit has ruled that “comparison prior art” used in infringement analysis in a design patent infringement must be applied to the same “article of manufacture” that is identified in the claim of the design...more

McDermott Will & Emery

Chilly Adventures: Design Patent Prior Art Comparison Applies to Article of Manufacture

McDermott Will & Emery on

Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals for the Federal Circuit concluded that “to qualify as comparison prior art,...more

Quarles & Brady LLP

Design Patents are Heating Up at the Federal Circuit, Again

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Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear...more

WilmerHale

Federal Circuit Patent Watch: For design patent infringement analysis, comparison prior art must be tied to same article of...

WilmerHale on

Precedential and Key Federal Circuit Opinions - NETFLIX, INC. v. DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. The Court vacated the Board’s finding that an asserted prior art...more

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