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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Now a more flexible Graham v. John Deere analysis applies. On May 21, 2024, the en banc Federal Circuit overruled the Rosen-Durling test for design patent obviousness, holding that Supreme Court law dictates "a more...more

ALJ Cites to Ground Rules and Requires Parties to Focus Case Theories

In a recently issued order, ALJ McNamara relied on her Ground Rules to require the parties to limit their cases and focus on their best theories. Certain Rotating 3-D Lidar Devices, Components Thereof and Sensing Systems...more

IPR Goes Forward Despite Late Stage Parallel ITC Investigation

Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a...more

PTAB Requires Identification of Structure for Function for Means-Plus-Function Terms

In a decision dated August 17, 2017, the Board denied institution of Kingston Technology Company, Inc.’s petition requesting inter partes review of claims 1-3, 6-8, 11-15, 23-28, and 36-39 of U.S. Patent No. 6,088,802 (“the...more

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