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Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement - In Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc., Appeal Nos. 2017-2498, -2499, -2545, -2546, broad patent claims were invalid as...more
The April 2018 issue of Sterne Kessler's The Goods on IP® discusses prosecuting consumer product claims that include “process” limitations, the doctrine of aesthetic functionality in design patents, and issues with licensee...more
The aesthetic-functionality doctrine is a concept in trademark law that can preclude trademark protection for elements of trade dress deemed to be aesthetically pleasing; the doctrine can come into play when a trade dress...more
The April 2018 issue of Sterne Kessler's MarkIt to Market® discusses the application of aesthetic functionality to design patents and lists the new gTLD Sunrise periods. ...more
A recent opinion from the United States Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co., No. 2015-1553, 7 (Fed. Cir. 2016), held that design patents can provide protection for ornamental...more