Design patents have always represented a curious form of intellectual property protection. Unlike with utility patents, there is no prerequisite of a useful function. Unlike with copyright rights, in ...

Design patent obviousness requires a heavy threshold burden of proof. Challengers have to find a “primary reference,” i.e., prior art that has “basically the same” design characteristics as the ...

What is a primary source? Primary sources are direct, first-hand accounts that describe a particular time period or event. Examples of primary sources include published materials (books, magazine and ...

Before Prost, Newman and Moore. Appeal from the Patent Trial and Appeal Board. Summary: A proper primary reference can have slight differences in design if, in light of overall similarities, it ...

“While acknowledging that the reversal of PTAB fact finding for lack of substantial evidence was unusual, the Federal Circuit proceeded to do just that.” The Federal Circuit recently held in Campbell ...

The U.S. Supreme Court on Monday, March 18, denied a petition filed by patent owner Jodi A. Schwendimann asking the Court to review a decision of the U.S. Court of Appeals for the Federal Circuit ...

Verifying the credibility of information on Wikipedia can be a challenging task, underscoring the importance of referencing original sources listed in the footnotes. However, even primary sources may ...

A committee of the National Academies of Sciences, Engineering, and Medicine will develop a fourth edition of the Reference Manual on Scientific Evidence, a primary reference source for federal judges ...

The new question-of-the-week is: What are good ways to have students learn about—and use—primary sources? Part One featured suggestions from Donna L. Shrum, Kevin Thomas Smith, Sarah Cooper, and ...