article thumbnail

Obviousness Test for Design Patents Unchanged

The IP Law Blog

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

article thumbnail

Patent Law at the Supreme Court February 2022

Patently-O

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The fourth and final case with a pending CVSG is Olaf Sööt Design, LLC v. Neapco Holdings LLC, et al. ,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The U.S. Court of Appeals for the Federal Circuit assesses the equitable powers of a legislative court: the Court of Appeals for Veterans Claims.

Patently-O

This guest post was authored by Joel Smith, a 3L at the University of Missouri School of Law, with support from the team at the Mizzou Law Veterans Clinic. Why is there a post about a veterans law case on a patent law blog? Mr. Taylor did so in early 2007. In Burris v. Wilkie , 888 F.3d 3d 1352 (Fed.

article thumbnail

Today’s Obviousness Key: Motivation to Combine

Patently-O

The Motivation to Combine: In patent law, the “motivation to combine” doctrine plays a central role in determining whether a claimed invention is obvious under our guiding statute, 35 U.S.C. § In the case, the IPR petitioner failed to articulate that reasoning and thus the PTAB’s obviousness finding was improper.

Art 57
article thumbnail

Within The Scope of This Concise Analysis, the Case of Bajaj Auto Ltd. v. T.V.S. Motor Company Ltd. Is Investigated

IP and Legal Filings

Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. In year 2007 the plaintiffs (Bajaj Auto Ltd.) of violating their patents related to the development of “enhanced internal combustion engine technology”. 1903 RPC 225.

article thumbnail

The Use of Mandated Public Disclosures of Clinical Trials as Prior Art Against Study Sponsors

Patently-O

M]erely describing the design of an experiment in a ClinicalTrial.Gov disclosure tells a POSA nothing about the obviousness of the study’s eventual result. In its brief, Vanda argues that: clinical trials are far from a sure thing – indeed, most drug trials fail. [M]erely

Art 75
article thumbnail

Reevaluating Design Patent Obviousness

Patently-O

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d The case under scrutiny is LKQ Corp. Teleflex Inc.,