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En-Banc Federal Circuit Redefines Forty-Year-Old Design Patent Invalidity Standard
A May 2024 article1 in this publication discussed a pending en-banc session of the Federal Circuit Court of Appeal, which has plenary jurisdiction over all patent appeals, to consider continued…
Designing Damages
In Samsung v. Apple, both determining “apportionment” and properly identifying an “article of manufacture” were key in the Court’s interpretation of the Code For over a century, design patents have enjoyed…
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…