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When Is A Design Patent Invalid For Being Obvious?
The Federal Circuit Court of Appeal has granted a request for an en banc hearing to determine the proper standard for invalidity of design patents based on obviousness under 35…
Deceptive Intent for Patent Unenforceability Based on a Pattern of Conduct
The Federal Circuit Court of Appeal has just issued a significant ruling in Luv n’ Care, Ltd. v. Laurain (Fed. Cir., Apr. 12, 2024, No. 2022-1905) 2024 WL 1590593, at *8–9 (LUV)…
When it comes to damages recovery, design patents trump utility patents
Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringer. Lost profits, on the other hand, corresponds to the…