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

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

Protecting the Product: Beauty Products

The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating...more

New USPTO Design Patent “Bar” to be Created in 2024

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to...more

Design Patents are Heating Up at the Federal Circuit, Again

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

Failure to Mark Patent Number on Products Results in Complete Loss of Pre-Suit Infringement Damages

As highlighted by a recent decision of the United States District Court for the Southern District of New York, a party’s failure to properly mark its products with its issued U.S. patent number(s) will very likely result in a...more

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