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  1. And of course the partnership doesn't answer all the interesting questions, like: "What if this firm wanted to get a design patent?" #LKQvGM

  2. On first skim, this decision might be most notable for its discussion of #LKQvGM:

  3. Here is the patented design and three references identified by these defendants. They argue that the claim is both anticipated and obvious. I'm not seeing anticipation there. Obviousness, maybe, depending on how the court applies #LKQvGM.

  4. The PTAB will not conduct an inter partes review of this GoPro design patent: www.scribd.com/document/847... The challenger argued that the design (for a camera) was obvious in light of various references. The PTAB disagreed, applying the new Federal Circuit framework set forth in #LKQvGM.

  5. This could be an interesting early test of the impact of #LKQvGM:

  6. This could be an interesting early test of the impact of #LKQvGM:

  7. This could be an interesting early test of the impact of #LKQvGM:

  8. Teaching #LKQvGM today. Adding this to my slides:

  9. Teaching #LKQvGM today. Adding this to my slides:

  10. Teaching #LKQvGM today. Adding this to my slides:

  11. Teaching #LKQvGM today. Adding this to my slides:

  12. This is a new Kate Spade handbag. If someone wanted to challenge the design as obvious:

    1) Would (or should) a real-life stop sign qualify as a proper primary reference, post-LKQ?

    2) Assuming it would be, what kinds of record-supported evidence might the challenger use to "bridge the gap" between that reference and the final design here? E.g., where do you get "and make it glitter"? The thick white border? The tented shape. Etc.

    #DesignPatents #LKQvGM #LawFedi

  13. This is a new Kate Spade handbag. If someone wanted to challenge the design as obvious:

    1) Would (or should) a real-life stop sign qualify as a proper primary reference, post-LKQ?

    2) Assuming it would be, what kinds of record-supported evidence might the challenger use to "bridge the gap" between that reference and the final design here? E.g., where do you get "and make it glitter"? The thick white border? The tented shape. Etc.

    #DesignPatents #LKQvGM #LawFedi

  14. This is a new Kate Spade handbag. If someone wanted to challenge the design as obvious:

    1) Would (or should) a real-life stop sign qualify as a proper primary reference, post-LKQ?

    2) Assuming it would be, what kinds of record-supported evidence might the challenger use to "bridge the gap" between that reference and the final design here? E.g., where do you get "and make it glitter"? The thick white border? The tented shape. Etc.

    #DesignPatents #LKQvGM #LawFedi

  15. This is a new Kate Spade handbag. If someone wanted to challenge the design as obvious:

    1) Would (or should) a real-life stop sign qualify as a proper primary reference, post-LKQ?

    2) Assuming it would be, what kinds of record-supported evidence might the challenger use to "bridge the gap" between that reference and the final design here? E.g., where do you get "and make it glitter"? The thick white border? The tented shape. Etc.

    #DesignPatents #LKQvGM #LawFedi

  16. Please join us at Chicago-Kent on Tuesday, September 3 for a panel discussion on the obviousness standard in design patent law, led by Chicago-Kent law professors.

    Please RSVP here: docs.google.com/forms/d/e/1FAI

    #LawFedi #DesignPatents #LKQvGM

  17. Please join us at Chicago-Kent on Tuesday, September 3 for a panel discussion on the obviousness standard in design patent law, led by Chicago-Kent law professors.

    Please RSVP here: docs.google.com/forms/d/e/1FAI

    #LawFedi #DesignPatents #LKQvGM

  18. Please join us at Chicago-Kent on Tuesday, September 3 for a panel discussion on the obviousness standard in design patent law, led by Chicago-Kent law professors.

    Please RSVP here: docs.google.com/forms/d/e/1FAI

    #LawFedi #DesignPatents #LKQvGM

  19. Please join us at Chicago-Kent on Tuesday, September 3 for a panel discussion on the obviousness standard in design patent law, led by Chicago-Kent law professors.

    Please RSVP here: docs.google.com/forms/d/e/1FAI

    #LawFedi #DesignPatents #LKQvGM

  20. My favorite thing about #LKQvGM is that it's a fantastic example of "how close is too close" in design patent law: cafc.uscourts.gov/opinions-ord

    Neither of these references were close enough to anticipate (thus, if they had come later, would not have been close enough to infringe):

  21. My favorite thing about #LKQvGM is that it's a fantastic example of "how close is too close" in design patent law: cafc.uscourts.gov/opinions-ord

    Neither of these references were close enough to anticipate (thus, if they had come later, would not have been close enough to infringe):

  22. My favorite thing about #LKQvGM is that it's a fantastic example of "how close is too close" in design patent law: cafc.uscourts.gov/opinions-ord

    Neither of these references were close enough to anticipate (thus, if they had come later, would not have been close enough to infringe):

  23. My favorite thing about #LKQvGM is that it's a fantastic example of "how close is too close" in design patent law: cafc.uscourts.gov/opinions-ord

    Neither of these references were close enough to anticipate (thus, if they had come later, would not have been close enough to infringe):

  24. Save the date: We'll be doing a panel on #LKQvGM on-site at the Conviser Law Center from 12-1:30 p.m. on Tuesday, September 3, 2024. Hope you can join us!

    #DesignPatents

  25. Save the date: We'll be doing a panel on #LKQvGM on-site at the Conviser Law Center from 12-1:30 p.m. on Tuesday, September 3, 2024. Hope you can join us!

    #DesignPatents

  26. Save the date: We'll be doing a panel on #LKQvGM on-site at the Conviser Law Center from 12-1:30 p.m. on Tuesday, September 3, 2024. Hope you can join us!

    #DesignPatents

  27. Save the date: We'll be doing a panel on #LKQvGM on-site at the Conviser Law Center from 12-1:30 p.m. on Tuesday, September 3, 2024. Hope you can join us!

    #DesignPatents

  28. One thing I like about the decision in #LKQvGM is that it provides a good example of "how close is too close" in design patent law.

    The court says these products are not close enough to anticipate. That means they would not, if later, be close enough to infringe.

    cafc.uscourts.gov/opinions-ord

    #DesignPatents #EgyptianGoddess

  29. One thing I like about the decision in #LKQvGM is that it provides a good example of "how close is too close" in design patent law.

    The court says these products are not close enough to anticipate. That means they would not, if later, be close enough to infringe.

    cafc.uscourts.gov/opinions-ord

    #DesignPatents #EgyptianGoddess

  30. One thing I like about the decision in #LKQvGM is that it provides a good example of "how close is too close" in design patent law.

    The court says these products are not close enough to anticipate. That means they would not, if later, be close enough to infringe.

    cafc.uscourts.gov/opinions-ord

    #DesignPatents #EgyptianGoddess

  31. One thing I like about the decision in #LKQvGM is that it provides a good example of "how close is too close" in design patent law.

    The court says these products are not close enough to anticipate. That means they would not, if later, be close enough to infringe.

    cafc.uscourts.gov/opinions-ord

    #DesignPatents #EgyptianGoddess

  32. We are reconvening our all-star panel to discuss the decision in #LKQvGM. Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

    More details and the (free) registration link here:

    events.suffolk.edu/event/desig

    #SuffolkIP #DesignPatents

  33. We are reconvening our all-star panel to discuss the decision in #LKQvGM. Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

    More details and the (free) registration link here:

    events.suffolk.edu/event/desig

    #SuffolkIP #DesignPatents

  34. We are reconvening our all-star panel to discuss the decision in #LKQvGM. Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

    More details and the (free) registration link here:

    events.suffolk.edu/event/desig

    #SuffolkIP #DesignPatents

  35. We are reconvening our all-star panel to discuss the decision in #LKQvGM. Please join us next Tuesday, June 4, 2024 at noon Eastern via Zoom.

    More details and the (free) registration link here:

    events.suffolk.edu/event/desig

    #SuffolkIP #DesignPatents

  36. Thinking about the use of the passive voice in this passage from #LKQvGM:

  37. Thinking about the use of the passive voice in this passage from #LKQvGM:

  38. Thinking about the use of the passive voice in this passage from #LKQvGM:

  39. Thinking about the use of the passive voice in this passage from #LKQvGM:

  40. 10) One interesting question that remains is:

    LKQ x CurviSil = ???

    In other words, how does/should the fact that design patents protect applied designs (not designs per se) affect the scope of § 103 prior art, if at all?

    #LKQvGM #CurviSil

  41. 10) One interesting question that remains is:

    LKQ x CurviSil = ???

    In other words, how does/should the fact that design patents protect applied designs (not designs per se) affect the scope of § 103 prior art, if at all?

    #LKQvGM #CurviSil

  42. 10) One interesting question that remains is:

    LKQ x CurviSil = ???

    In other words, how does/should the fact that design patents protect applied designs (not designs per se) affect the scope of § 103 prior art, if at all?

    #LKQvGM #CurviSil

  43. 10) One interesting question that remains is:

    LKQ x CurviSil = ???

    In other words, how does/should the fact that design patents protect applied designs (not designs per se) affect the scope of § 103 prior art, if at all?

    #LKQvGM #CurviSil