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Recent Posts
- DC grant of SJ affirmed since covenant not to sue and exclusive license directed to different subject matter and not covered by merger clause
- Genentech’s antibody purification claims correctly found anticipated or obviousness in IPR, Fed. Cir. decides
- “[R]esult that was inherent in the prior art” cannot overcome obviousness based on inherency
- Fed. Cir. reverses DC and finds Amneal’s Sensipar®-related product infringes Amgen ‘405 patent
- IPR invalidity decision vacated and remanded due to erroneous claim construction
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© Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com, [2011-2017]. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com with appropriate and specific direction to the original content.
Category Archives: Design Patents
Obviousness of utility patent affirmed; grant of SJ of non-infringement of design patent reversed and remanded
Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. Docket Nos. 2018-1329, 1331, -1728 LOURIE, MOORE, STOLL November 13, 2019 Brief Summary: DC finding that Columbia’s utility patent is invalid for obviousness affirmed. DC grant of SJ that Columbia’s … Continue reading
Posted in Design Patents, Infringement, Obviousness, Uncategorized
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PTAB design patent IPR decision vacated-in-part due to “ever-so-slight differences in design, in light of the overall similarities”
Campbell Soup Co. et al. v. Gamon Plus, Inc. Docket No. 2018-2029, -2030 (IPR2017-00091, -00094) PROST, NEWMAN, MOORE September 26, 2019 Brief Summary: PTAB’s design patent IPR decision vacated-in-part and affirmed-in-part (i.e., Lintz is a proper primary reference and Samways … Continue reading
Posted in Claim Construction, Design Patents, Uncategorized
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Pattern illustrated in design patent limited to chairs due to prosecution history
Curver Luxemborg, SARL v. Home Expressions, Inc. Docket No. 2018-2214 CHEN, HUGHES, STOLL September 12, 2019 Brief Summary: DC finding that Curver’s design patent claim limited the patent to chairs affirmed. Summary: Curver appealed DC grant of HE’s motion to … Continue reading
Posted in Design Patents, Uncategorized
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Ford’s hood and headlamp design patents valid design subject matter and not exhausted by sale of Ford F-150 truck
Automotive Body Parts Association v. Ford Global Technologies, LLC Docket No. 2018-1613 Hughes, Scholl, Stoll July 23, 2019 Brief Summary: DC decision that Ford’s hood and headlamp design patents are not “primarily functional” designs and not unenforceable under doctrines of … Continue reading
Federal Circuit affirms Board IPR decision invalidating design patents for obviousness
Kolcraft Enterprises, Inc. v. Graco Children’s Products, Inc. Docket No. 2018-1259-60 (IPR2016-00816, -00826) MOORE, REYNA, CHEN July 2, 2019 Brief summary: Board IPR decision of invalidity of Kolcraft’s design patents affirmed as evidence regarding inventor’s date of conception was uncorroborated. … Continue reading
In Re: Ron Maatita
Docket No. 2017-2037 DYK, REYNA, STOLL August 20, 2018 Brief summary: Board’s affirmance of the design patent examiner’s rejection of claim “as non-enabled and indefinite under 35 U.S.C. § 112 because it used a single, two-dimensional plan-view drawing” reversed. Summary: … Continue reading
Posted in Design Patents
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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd. et al.
Docket No. 2017-1314 NEWMAN, CELVENGER, CHEN August 1, 2018 Brief summary: DC’s dismissal of Advantek’s design patent infringement complaint reversed since, e.g., “a design patent may be for a component of a product” (“damages based on the value of the … Continue reading
