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WIPO Adopts First Design Law Treaty

After nearly two decades of negotiations, the Member States of the World Intellectual Property Organization ("WIPO") adopted the Riyadh Design Law Treaty, which aims to harmonize design protection procedures in countries...more

PTAB Issues First Post-LKQ Design Patent Decision

On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024)...more

Balance is Key in Design Patent Claim Drafting

The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in Sattler Tech Corp. v. Humancentric Ventures, LLC. ...more

PTAB Flushes Airplane Lavatory Patent On On-Sale Bar

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

Win or Lose: Appellants of PTO Decisions in District Court Must Pay Attorneys' Fees

On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more

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