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Patents Aesthetic Functionality

Knobbe Martens

Federal Circuit Review - July 2019

Knobbe Martens on

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Goods on IP - April 2018

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Aesthetic Functionality – Design Patents in the Clear (For Now)

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

McDermott Will & Emery

Pattern of Functional Dots in Absorbent Pad Functional? It’s a Fact Issue

McDermott Will & Emery on

McAirlaids, Inc. v. Kimberly-Clark Corp. - Addressing whether a pattern of dots embossed on an absorbent pad was functional, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s summary judgment in...more

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