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Federal Circuit Confirms: Prosecution History Disclaimer Applies to Design Patents Too

Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company...more

Reassessing Irreparable Harm: Are Injunctions Making a Comeback?

In an unusual move, the U.S. Department of Justice and U.S. Patent and Trademark Office submitted a “Statement of Interest” this week in a pending patent case in the Eastern District of Texas—sharing “views” on whether...more

USPTO Rescinds 2022 Memorandum on Discretionary Denials of Post-Grant Proceedings

On February 28, 2025, the United States Patent and Trademark Office (USPTO) rescinded a June 2022 memorandum clarifying when the Patent Trial and Appeal Board (PTAB) can issue discretionary denials of post-grant patent...more

En Banc Federal Circuit Overrules Longstanding Test for Design Patent Obviousness

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

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