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Contour of Soup Can Saves Gravity Feed Display Design Patent

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 … Continue Reading

Should I Stay or Should I Go? – Co-Pending IPR and Litigation Can Lead to Discovery Obligations

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 … Continue Reading

It All Depends On How You Frame It

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 … Continue Reading

House of Cards: Weak Evidentiary Support Dooms IPR of Med Device Patent

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 … Continue Reading

PTAB Provides Roadmap for Petitioning for IPR of Design Patents

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 … Continue Reading
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