The Federal Circuit issued a precedent-setting ruling that clarifies the appropriate roles of judges and juries when a design patent is challenged as obvious. In doing so, the Court strengthened designers’ rights by confirming that, in certain situations, the question of whether a design patent and the prior art are visually the same should be sent to a jury rather than determined by a judge at the summary judgment phase of litigation.
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Federal Circuit Rules That a Jury Must Determine Visual Similarity Between Design Patent and Prior Art as Part of Obviousness Analysis Posted on: April 22, 2020 In: Intellectual Property & Technology
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Design Patents 101 – Part 2 of 2 Posted on: December 13, 2019 In: Intellectual Property & Technology
This is the second installment of a two-part series on design patents. This part will discuss the design application process and briefly touch on the prosecution of such applications
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Design Patents 101 - Part 1 of 2 Posted on: December 11, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on design patents and is based on a presentation delivered at the AIPLA Design Rights Boot Camp in August 2019). Part I will cover the basics of design patents and compare them to other IP protections, such as trademark and copyright.
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