by John Evans, Ph.D. | Sep 27, 2024 | Design Patents, Prior Art Issues, PTAB News
By Connor Scholes and John Evans – 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)...
by John Evans, Ph.D. | Sep 18, 2024 | Design Patents, Prior Art Issues
By Connor Scholes and John Evans – In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was...
by John Evans, Ph.D. | May 23, 2024 | Design Patents, Federal Circuit Appeal, PTAB News
By John Evans and Jesse Wynn – The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.” LKQ v. GM,...
by John Evans, Ph.D. | Feb 12, 2024 | Design Patents, Federal Circuit
By Jesse Wynn and John Evans – Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the Federal Circuit asked tough...
by John Evans, Ph.D. | Aug 1, 2023 | Design Patents, PTAB News
By John Evans, Vishal Khatri, and Jesse Wynn – In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v....
