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Designers Beware: Prior Utility Patent Lacking Written Support Can Anticipate Later-Filed Design Patents

In its recent In re Floyd opinion, the US Court of Appeals for the Federal Circuit upheld a decision by Patent Trial and Appeal Board (PTAB) to reject a design applicant’s priority claim to an earlier utility filing for...more

Federal Circuit Sinks Appeal Over Design Patent Claiming Well-Known Pool Features

The US Court of Appeals for the Federal Circuit recently affirmed a summary judgment of no design patent infringement in North Star Tech. Int’l Ltd. v. Latham Pool Products, Inc., ruling that the patented and accused pool...more

IPO Introduces Survey to Steer Future of UK Design Law

On February 25, the United Kingdom (UK) Intellectual Property Office (IPO) launched a survey to collect feedback on potential changes to the UK’s design protection framework. The goal is to ensure that the system remains...more

Design Patents Claiming Component Parts of a Larger Product Are Not Inherently Invalid

Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. For the first time, a federal court has now interpreted the term “article of manufacture” in...more

New Obviousness Standard for Design Patents Has No Impact on $18 Million Jury Verdict

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy...more

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