Post-Grant Review, America Invents Act, Design Patent

Design Patent Obviousness: One Year Later

Womble Bond Dickinson on 7/18/2025

One year has passed since the Court of Appeals for the Federal Circuit made its landmark decision in LKQ Corp. v. GM Global Tech. Operations LLC, which overruled the longstanding Rosen-Durling test for determining design...more

PTAB Decides Concurrent IPR and PGR Petitions After Resolving Priority Date Dispute

Jones Day on 2/20/2025

In anticipating a dispute over whether the America Invents Act would apply, Petitioner MPL Brands NV, Inc. (“MPL”) filed concurrent petitions for both inter partes review and post-grant review of U.S. Patent No. 11,932,441...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/9/2022

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

PTAB Flushes Airplane Lavatory Patent On On-Sale Bar

Jones Day on 11/13/2018

On October 23, 2018, the PTAB found unpatentable B/E Aerospace’s U.S. Design Patent No. D764,031 (“’031 patent”). C&D Zodiac, Inc. v. B/E Aerospace, Inc., PGR2017-00019, Paper 37 (PTAB Oct. 23, 2018). The ’031 patent...more

PTAB Declines to Institute Post-Grant Review Because “New” Figures in Design Patent Were Sufficiently Supported in Parent...

Akin Gump Strauss Hauer & Feld LLP on 3/17/2017

Under the America Invents Act, post-grant reviews are only available for patents having at least one claim with an effective filing date of March 16, 2013 or later. If this condition is not satisfied, the Patent Trial and...more

The America Invents Act (AIA) Affects Design Patents, Too

Ballard Spahr LLP on 7/23/2013

Over the last few years, companies have increasingly recognized the value of design patents, which are directed to the ornamental (non-functional) appearance of a product....more