by John Evans, Ph.D. | Feb 6, 2023 | Design Patents, PTAB News
By John Evans and Jesse Wynn – A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...
by John Evans, Ph.D. | Jan 12, 2023 | Design Patents, Federal Circuit Appeal
By John Evans and Josh Gold-Quiros – Big changes to design patent invalidity law may be coming. A pending IPR appeal challenges the Federal Circuit’s 40-year-old obviousness formula as inconsistent with the Supreme Court’s rejection of “a rigid rule that limits...
by John Evans, Ph.D. | Aug 26, 2022 | District Court, Estoppel, PTAB News
By Lisa Furby, John Evans, and Michelle Smit – After a final written decision issues, an IPR petitioner is statutorily estopped from going back to the district court and arguing that the same claims are “invalid on any ground that the petitioner raised or...
by John Evans, Ph.D. | Sep 3, 2021 | Design Patents, Federal Circuit
By Kerry Barrett and John Evans – As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc. But to be persuasive, a nexus must exist...
by John Evans, Ph.D. | Aug 11, 2021 | Federal Circuit Appeal
By John Evans, Dave Maiorana, and Steven Nosco* – This is a follow up to our earlier post about the fallout from the Supreme Court’s June 21, 2021 decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal...
