JD Supra Law

MAY 24, 2024

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled its longstanding test used to assess the obviousness of design patents. By: Lathrop GPM

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JD Supra Law

MAY 22, 2024

The law for design patent obviousness may change in the upcoming months when a decision is issued from the Federal Circuit Court of Appeals from the February 2024 en banc rehearing of LKQ Corp. With the use of AI-assisted searching, design patent examiners appear to be issuing more obviousness rejections.

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JD Supra Law

MAY 23, 2024

On May 21, 2024, the Federal Circuit overruled the longstanding Rosen-Durling test for evaluating the obviousness of design patents. May 21, 2024) (en banc). GM Global Tech. Operations LLC, No. 21-2348, slip op. at 15 (Fed. By: Bodman

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JD Supra Law

JANUARY 4, 2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks.

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JD Supra Law

MAY 24, 2024

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. May 21, 2024). for determining non-obviousness.” 4th —, slip op.

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JD Supra Law

MAY 30, 2024

On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard.

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Patently-O

MAY 24, 2024

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents.

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JD Supra Law

DECEMBER 7, 2023

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 practice before the USPTO in the limited capacity of design patent application proceedings.

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JD Supra Law

FEBRUARY 13, 2024

Changes to design patent validity law may be coming thanks to LKQ v. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough questions on the foundations of the standard for design patent obviousness under Rosen/Durling.

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LexBlog IP

DECEMBER 6, 2023

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 practice before the USPTO in the limited capacity of design patent application proceedings.

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JD Supra Law

APRIL 16, 2024

12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred patentee Eazy-PZ LLC (“EZPZ”) from seeking relief, and also addressed issues concerning inequitable conduct, patent invalidity, and attorneys’ fees and costs under 35 U.S.C. § Design Patent No.

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JD Supra Law

MAY 23, 2024

May 21, 2024). Operations LLC, No. 2021-2348 (Fed. By: Orrick, Herrington & Sutcliffe LLP

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JD Supra Law

JANUARY 19, 2024

Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST. Attendees will receive an advance copy of our Design Patents Year in Review report via email after the webinar concludes. Durkin, Deirdre M.

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IP Watchdog

JANUARY 5, 2024

In other barks and bites for the first week of 2024, there were several updates from the U.S. Patent and Trademark Office, including recent leadership moves, a U.S.

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Patently-O

FEBRUARY 4, 2024

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Teleflex also applies to design patents.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. 21, 2024) (question paraphrased). Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. 23-1052 (U.S.

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JD Supra Law

FEBRUARY 14, 2024

design patents. They both are part of ongoing sagas—one that has been pending for a decade and one that will be heard en banc in February 2024. In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. The three 2023 opinions are Columbia Sportswear North America, Inc. LKQ Corporation v.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. GM Global Tech.

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Patently-O

JUNE 3, 2024

Talk about LKQ : I’m looking forward to joining Prof Sarah Burstein and others on Tuesday June 4 for an online panel discussion on the potential aftermath of the Federal Circuit’s major en banc design patent obviousness decision in LKQ v. Noon Eastern Time, June 4, 2024.

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IP Law 360

JANUARY 1, 2024

A rare patent case taken up by the full Federal Circuit that has the potential to weaken design patents, and U.S. Supreme Court challenges to the Patent Trial and Appeal Board's authority are among the patent cases attorneys will be tracking this year.

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JD Supra Law

MAY 14, 2024

Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an assessment of a design—and LKQ Corp. GM Global Technology Operations LLC, in which oral arguments were held on February 5, 2024, and relating to the appropriate legal standard for design patent obviousness.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. On the patent side, the increase in the fees will be applicable to standard entity size. Thus, small entity patent applicants will only experience CIPO’s regular annual fee increase in 2024.

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IP Watchdog

FEBRUARY 19, 2024

On February 5, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger.

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The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

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Patently-O

JANUARY 22, 2024

Feb 6 12noon EST – Debating Design Patent Obviousness – Streaming via Suffolk – Free Event ( REGISTER HERE ) : The Federal Circuit has not held an en banc rehearing in a patent case since before COVID. The first one (and only one on the docket) is the important design patent obviousness case of LKQ v.

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LexBlog IP

JANUARY 5, 2024

Regeneron seeks a PI schedule to “ensure an orderly process that will result in resolution of its forthcoming motion for PI before May 17, 2024,” when its regulatory exclusivity period ends. A status conference took place today January 5, 2024 in relation to Regeneron’s emergency motion. Patent Nos. Patent Nos.

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Technology & Marketing Law Blog

JANUARY 21, 2024

YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D. This is a design patent SAD Scheme case. For this and many other reasons, I reiterate: #StopTheSADScheme. Case Citation : Viral DRM LLC v.

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Patently-O

APRIL 3, 2024

The NPRM would also hike design patent filing and issuance fees. The USPTO notes that no maintenance fees are owed on design patents and that the USPTO has been subsidizing design patent examination with revenue from the utility patent side. It is unclear how this proposal benefits the USPTO.

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Patently-O

JUNE 2, 2024

2024) (en banc). While the Federal Circuit overruled the Rosen requirement that a primary reference look “basically the same” as the claimed design, the court did not overrule the requirement that there be a primary reference. It recognizes that design patents are fundamentally different than utility patents.

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The IPKat

MARCH 29, 2024

On 29 February 2024, the UK Intellectual Property Office (UKIPO) released a report on “ Emerging public perceptions of intellectual property in UK media ” authored by fellow Kat Hayleigh Bosher.

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Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. The en banc case will be held on February 5, 2024 and will be available for streaming here. Hunter Mfg.,

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LexBlog IP

JULY 7, 2023

Last week, the Federal Circuit decided to consider, en banc , whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness. In re Rosen , 673 F.2d 3d 100 (Fed.

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Patently-O

JANUARY 23, 2024

2, 2024), ECF 76. Additional observations : This case is a good example of why patent litigation is a poor fit for the Schedule A litigation model. I’ve written here before about how design patent infringement is ill-suited to ex parte adjudication; so too is utility patent adjudication. 1:23-cv-02605 (SDNY Jan.

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Patently-O

APRIL 12, 2024

For the DLT, negotiations have been stalled for the past several years over an African Group proposal that would permit countries to require design applicants to disclose the origin of traditional knowledge, cultural expressions and genetic resources used in creating protectable designs. [2] In the US, these are design patent rights.

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Technology & Marketing Law Blog

APRIL 28, 2024

The plaintiff alleged that the defendants’ dining chairs or barstools infringed two of plaintiff’s design patents. April 24, 2024) Prior Blog Posts on the SAD Scheme Judge Hammers SEC for Lying to Get an Ex Parte TRO–SEC v. Case Citation : Wang v. Schedule A Defendants , No. 24-cv-759 (N.D.

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SpicyIP

OCTOBER 23, 2023

However, the court directed the defendants to pay INR 13 lakhs to the Plaintiff and instructed that any unsold cans post January 31, 2024 shall be destroyed. This was subjected to the condition that the defendants pay an additional sum of Rs. 20,00,000 plus GST. Fsn E-Commerce Ventures Ltd &Anr. 2- Nykaa E-Retail Pvt.

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