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AWARDS
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 viability of a four-decade standard for design patent invalidity based on obviousness. The appeal court has now issued its long awaited ruling (LKQ)2 and has…
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 a distinct advantage over their more popular siblings, utility patents, when it comes to infringement damages recovery. Utility and design patent damages are set forth…