📜Breaking news! The U.S. Court of Appeals for the Federal Circuit recently overruled more than four decades of precedent regarding the design patent obviousness standard. Not sure what this means for design patent applicants, patentees, and challengers? Check out our latest client alert, where we discuss some of the unanswered questions stemming from this significant ruling. https://gag.gl/MsSq0F Authors: Tracy-Gene G. Durkin, Deirdre Wells, Daniel Gajewski, Ivy Clarice Estoesta, and Michael Nathanson #PatentLaw #FederalCircuit #DesignPatents
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IAM wrote an interesting article about the Federal Circuit's recent decision in LKQ Corp. v. GM Global Tech. I am honored they reached out to speak with me for their piece. #DesignPatents #KSRStandard #FederalCircuit
Federal Circuit Creates Patent Holder Headache in Design Patent Obviousness Ruling | Sterne Kessler
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Very proud to be a part of the team that prepared reexams for our client, Get-Grin. The USPTO granted all three of the reexamination requests! The granted reexams also resulted in a full stay of the patent litigations. Read our announcement to learn more. https://lnkd.in/gkN4cGiU #USPTO #Reexams
The U.S. Patent Office Grants Three Re-Exam Requests and the U.S. District Court for the District of Delaware Grants a Full Stay of the Related Litigation—All in Favor of Grin | Sterne Kessler
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I am proud to be part of the team that secured a victory for our client, Teva Pharmaceuticals, in a patent-infringement lawsuit filed by Vanda Pharmaceuticals. In December 2022, Chief Judge Colm Connolly of the U.S. District Court for the District of Delaware found all four of Vanda’s asserted patents invalid as obvious. The Federal Circuit affirmed that decision in May 2023, and on April 22, 2024, the U.S. Supreme Court denied Vanda’s petition to review that decision, cementing Teva’s win. Read more about this case: https://lnkd.in/eFGPgX5v
Sterne Kessler Secures Victory on Behalf of Client Teva Pharmaceuticals | Sterne Kessler
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The Federal Circuit year end review is ready for download!
In 2023, 83% of PTAB/AIA decisions were affirmed, marking the highest affirmance rate since 2015. Review the latest statistics for AIA PTAB Appeals to the Federal Circuit and learn more about recent case decisions impacting IP practice in our annual “Federal Circuit IP Appeals: Summaries of Key 2023 Decisions” report, now in its eighth edition. https://lnkd.in/eSFkNKrR #FederalCircuit #IntellectualProperty #SCOTUS
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Proud to be a part of this fabulous trial team.
A Delaware federal jury awarded John Deere subsidiary Wirtgen America, Inc. $12.9 million against Caterpillar, Inc. for Caterpillar's willful infringement of five Wirtgen patents. Wirtgen accused Caterpillar of infringing its patents related to technology found on Caterpillar's road milling machines and rotary mixers. Sterne Kessler and Nashville-based PATTERSON IP Law teamed up on the representation for Wirtgen. Read more about the case here. https://lnkd.in/eQ_DwTUi
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Congrats to the team! Oour litigation team successfully represented Teva Pharmaceuticals in securing a non-infringement victory. On December 29, 2023, the district court held that Teva does not infringe the two patents asserted at trial, finding that Corcept Therapeutics had failed to show that direct infringement is likely or that Teva’s label would induce infringement. #Litigation #IntellectualProperty
Sterne Kessler Secures Non-Infringement Win for Teva Pharmaceuticals | Sterne Kessler
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I am thrilled to share that we secured a victory for our client SweeGen Inc. at the U.S. Court of Appeals for the Federal Circuit for its natural non-caloric sweetener that is used in food and drinks. The Federal Circuit affirmed a district court decision that granted SweeGen’s motion for Summary Judgment of patent invalidity, holding all claims of the asserted patents invalid for inadequate written description under 35 U.S.C. § 112, and further holding certain claims invalid for claiming ineligible subject matter under 35 U.S.C. § 101. #IntellectualProperty #PatentInfringement
Federal Circuit Affirms Sweet Win for SweeGen in Patent Invalidity Battle | Sterne Kessler
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Wondering why the Fed. Cir. again remanded the case between Columbia Sportswear and Seirus Innovation involving Columbia’s design patent for heat-reflective material? Read the update in the article “Another Remand in the Eight-Year Columbia Sportswear Saga,” published by Thomson Reuters Westlaw Today to learn more!
Another Remand in the Eight-Year Columbia Sportswear Saga | Sterne Kessler
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Did you know that a design patent application can claim priority to a utility patent application? An initial disclosure in a utility patent application may be sufficient to support a future continuation of a design patent. Watch our On-Demand webinar that dives into everything you wanted to know about design patents. https://lnkd.in/ghpYSkVa #DesignPatents #DesignLaw #IntellectualProperty
Everything You Always Wanted to Know About Design Patents But Were Afraid to Ask | Sterne Kessler
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