How to make the most of your summer travel
How can you get the most from a summer trip? How has COVID changed travel and hospitality? An expert shares tips for better summer vacations.
How can you get the most from a summer trip? How has COVID changed travel and hospitality? An expert shares tips for better summer vacations.
New research digs into the benefits of certain exercises and certain timing for people with type 2 diabetes.
by Dennis Crouch
Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. Most of precedential patent decisions are penned with a strong focus on utility patent doctrine, yet, surprisingly, the same patent doctrines of novelty, obviousness, definiteness, enablement, and written description are also applicable in the realm of design patents.
The Federal Circuit has decided to reevaluate this dichotomous situation specifically in relation to the question of obviousness. The case under scrutiny is LKQ Corp. v. GM Global Tech, 21-2348 (Fed. Cir. 2023). The court has set forth six key questions for the parties to consider:
A. Does KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d 388 (CCPA 1982), and Durling v. Spectrum Furniture Co., Inc., 101 F.3d 100 (Fed. Cir. 1996)?
B. Assuming that KSR neither overrules nor abrogates Rosen and Durling, does KSR nonetheless apply to design patents and suggest the court should eliminate or modify the Rosen-Durling test? In particular, please address whether KSR’s statements faulting “a rigid rule that limits the obviousness in-quiry,” 550 U.S.
Continue reading Reevaluating Design Patent Obviousness at Patently-O.
by Dennis Crouch
Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. Most of precedential patent decisions are penned with a strong focus on utility patent doctrine, yet, surprisingly, the same patent doctrines of novelty, obviousness, definiteness, enablement, and written description are also applicable in the realm of design patents.
The Federal Circuit has decided to reevaluate this dichotomous situation specifically in relation to the question of obviousness. The case under scrutiny is LKQ Corp. v. GM Global Tech, 21-2348 (Fed. Cir. 2023). The court has set forth six key questions for the parties to consider:
A. Does KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d 388 (CCPA 1982), and Durling v. Spectrum Furniture Co., Inc., 101 F.3d 100 (Fed. Cir. 1996)?
B. Assuming that KSR neither overrules nor abrogates Rosen and Durling, does KSR nonetheless apply to design patents and suggest the court should eliminate or modify the Rosen-Durling test? In particular, please address whether KSR’s statements faulting “a rigid rule that limits the obviousness in-quiry,” 550 U.S.
Continue reading Reevaluating Design Patent Obviousness at Patently-O.
Different dog breeds have different thresholds for pain, researchers report. But those differences don’t always line up with vets’ beliefs.
Delivering drugs into the inner ear may “represent an important step towards using gene therapy to restore hearing in humans.”
Lesions may reflect decreases in southern resident killer whales’ ability to fight disease, according to new research.
An expert breaks down how listening to and creating music can benefit your brain, on this episode of the Big Brains podcast.
There’s a link between a blood condition called clonal hematopoiesis of indeterminate potential, or CHIP, and protection against Alzheimer’s.
There’s a link between a blood condition called clonal hematopoiesis of indeterminate potential, or CHIP, and protection against Alzheimer’s.