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Hot Topics in Design Patents

Contains material from May 2023

Hot Topics in Design Patents
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There are two major questions of first impression pending before the Federal Circuit. Design patent scope has been turned on its head by In re: Surgisil, greatly affecting not only patentability but infringement analysis (Columbia v. Serius). Regarding obviousness, the Federal Circuit in LKQ v. GM is grappling with the unresolved issue of whether KSR applies to design patents, potentially overturning years of case law.  

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 0.75
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 5/31/2024

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1. Very Hot Topics in Design Patents (May 2023)

Perry Saidman

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(mp4)
43 mins
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43 mins
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Session 1 —43 mins
0.75
Very Hot Topics in Design Patents (May 2023)

There are two major questions of first impression pending before the Federal Circuit. Design patent scope has been turned on its head by In re: Surgisil, greatly affecting not only patentability but infringement analysis (Columbia v. Serius). Regarding obviousness, the Federal Circuit in LKQ v. GM is grappling with the unresolved issue of whether KSR applies to design patents, potentially overturning years of case law.  

Originally presented: Mar 2023 Advanced Patent Law Institute

Perry Saidman, Saidman DesignLaw Group, LLC - Silver Spring, MD