Top 50 Design Patent Cases #1 – International Seaway Trading Corporation v. Walgreens Corp. The number one cited case in design patent prosecutions is International Seaway Trading Corporation v. Walgreens Corp., 589 F.3d 1233 (Fed. Cir. 2009). This case stands for the principle that the ordinary observer test is the
Ex Parte Quayle – Third Most Cited Case The third most cited case in design patent prosecutions is Ex Parte Quayle, 25 USPQ 74 (1935). This should not be surprising since the case is cited on the USPTO’s Office Action Summary form. But ignoring the form, Ex Parte Quayle still
Teaching Away Update – Roulette Game In App. No. 29/842,266 (Display Screen with Graphical User Interface of a Roulette Game with a Contrasting Sector Highlighting Effect) (now US Design Patent D1,039,547 – issued August 20, 2024), Applicant filed a single design figure, as follows: Roulette Wheel The examiner rejected the
Secondary Considerations in Design Patent Law Introduction One of the four factual inquires within the Graham obviousness analysis for design patents is assessment of secondary considerations. See LKQ Corp. v. GM Global Technology Operations LLC, 102 F.4th 1280, 1300 (Fed. Cir. 2024) (citing and quoting Graham v. John Deere Co.,
The analogous art requirement determines the scope of prior art that can be considered when assessing whether a claimed design is obvious or anticipated. It exists because a person of ordinary skill “could not possibly be aware of every teaching in every art.” In re Wood, 599 F.2d 1032, 1036