In a landmark decision, the US Court of Appeals for the Federal Circuit has overruled the longstanding test for assessing whether a design patent is considered obvious in view of prior art. This decision represents a pivotal...more
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
The US Court of Appeals for the Federal Circuit recently reversed an appeal of a decision granting summary judgment that an invention was reduced to practice during the term of a cooperative research and development agreement...more
The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for...more
The benefits of clear surface shading in a design patent were highlighted in a recent district circuit decision, which found that purported contour or tangent edge lines added to the drawings to illustrate a transition edge...more
While sidestepping the anticipated “article of manufacture” issue for calculating the infringer’s total profits under 35 USC § 289, the US Court of Appeals for the Federal Circuit in a recent precedential opinion overturned a...more
The Federal Circuit’s recent decision to dismiss a claim for design patent infringement raises the importance of the specification in design patents.
The US Court of Appeals for the Federal Circuit recently decided an...more
Even where a consumer may prefer the particular design to match other parts of a whole, the Federal Circuit held, the aesthetic appeal of that design is insufficient to render the design functional. The appellate panel also...more