Photo of Jeremy R. Kriegel

Jeremy R. Kriegel is listed in Chambers USA as a "key individual" at Marshall, Gerstein & Borun. Chambers 2013 praises the "thorough[ness] in his consideration of the issues and their potential impact on his client’s business," and his "innovative insight and creative solutions." Chambers 2012 says he "is known for his work in medical device patents. He is well-respected by his peers for his expertise in patent prosecution." Mr. Kriegel reliably guides clients in such industries as medical devices and consumer products, across all phases of the product life-cycle. Read full bio here.

No design patents for you!--Extension of Fox Factory Complicates Reliance on Indicia of Non-ObviousnessIn Campbell Soup Co. v. Gamon Plus, Inc., the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. 10 F.4th 1268 (Fed. Cir. Aug. 19, 2021) (“Gamon II”). As the Supreme Court denied Gamon’s petition for writ of certiorari (in which Gamon argued it did not have an opportunity to request review of the PTAB’s decision by a properly-appointed Director of the USPTO), here’s a closer look at the Federal Circuit’s opinion.
Continue Reading No design patents for you!–Extension of Fox Factory Complicates Reliance on Indicia of Non-Obviousness

PTAB Should Have Determined that Gravity Feed Display Design Patent is Obvious

In Campbell Soup Co. v. Gamon Plus, Inc. (Fed. Cir. Sept. 26, 2019), the Federal Circuit vacated the PTAB’s decision (discussed here) upholding the validity of Gamon’s design patent D621,645 (“the ‘645 patent”) for soup can display racks.  The court determined that substantial evidence did not support the Board’s finding that Linz is not a proper primary reference for a design patent obviousness challenge. 
Continue Reading PTAB Should Have Determined that Gravity Feed Display Design Patent is Obvious

Update: On September 26, 2019, the court vacated and remanded the PTAB’s decision.

Next trip to the grocery store, stop in the canned soup aisle and take a closer look at how the canned soups are displayed on the shelves. You may notice a gravity feed dispenser with a label area. Between 2002 and 2009, Petitioner Campbell Soup Co. purchased $31 million of Patent Owner Gamon’s gravity feed display racks protected by design patent D621,645 (“the ‘645 patent”).
Continue Reading Contour of Soup Can Saves Gravity Feed Display Design Patent

Fighting a war on two fronts is rarely an enviable strategic position. While district court judges do not always grant stays of patent infringement cases until resolution of co-pending inter partes reviews (IPR’s), accused infringers considering whether to request a stay of litigation should note the PTAB’s February 28, 2018, Order in Becton, Dickinson and Company v. B. Braun Melsungen AG, IPR2017-01586, -01587, -01588, -01589, and -01590
Continue Reading Should I Stay or Should I Go? – Co-Pending IPR and Litigation Can Lead to Discovery Obligations

Digital Billboard (12-6-16 Post)Galaxia Electronics Co., Ltd. v. Revolution Display, LLC, PGR2016-00021, Galaxia sought post-grant review of Revolution’s U.S. Design Patent No. D736,750, entitled “Modular Video Support Frame Member.” The patented design was directed to a support frame for video monitors used in large-scale LED video image displays, such as those used on-stage at rock concerts, on the sides of buildings, or at amusement parks.  Galaxia sought cancellation of the claimed design on grounds of non-joinder of proper inventors, and lack of ornamentality under 35 U.S.C. § 171.  On November 2, 2016, the PTAB denied institution of the PGR. 
Continue Reading It All Depends On How You Frame It

collapsing house of cards

On February 9, 2016, in C.R. Bard, Inc. v. Medical Components, Inc., IPR2015-01660, the PTAB  refused to institute an IPR against US Patent No. 8,257,325, “Venous Access Port with Molded and/or Radiopaque Indicia.”  The challenged claims were directed to a venous access port assembly with a marking to indicate the port is rated for power injection of a contrast fluid, which marking is visible by X-ray examination when the port is implanted. 
Continue Reading House of Cards: Weak Evidentiary Support Dooms IPR of Med Device Patent

Less than one percent of petitions for inter partes review (“IPR”) involve design patents.  This is not surprising, as over 9,000,000 United States utility patents have issued compared to only about 735,000 design patents.  Several recent developments in design patent law, however, may narrow the gap as applicants look for less expensive ways to enhance their portfolios. Design Patent V2 For example, U.S. design patents filed on or after May 13, 2015 enjoy a 15-year term with no maintenance fees.  And U.S. design patent applicants may now file their design applications under the Hague Agreement, which publish six months after filing.
Continue Reading PTAB Provides Roadmap for Petitioning for IPR of Design Patents