Before LKQ, the longstanding Rosen-Durling test required that the primary reference in a design patent obviousness analysis be “basically the same” as the challenged design patent claim, and any ...
Owens Corning v. Fast Felt (Fed. Cir. 2017) illustrates an example of how the broadest reasonable interpretation (BRI) standard increases the chances that an obviousness argument could: successfully ...
Design patents have always represented a curious form of intellectual property protection. Unlike with utility patents, there is no prerequisite of a useful function. Unlike with copyright rights, in ...
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