On Tuesday, July 2, 2019, the Court of Appeals for the Federal Circuit affirmed two Inter Partes Review final written decisions which had invalidated two design patents as obvious under 35 U.S.C. 103. The PTAB determined that the patent owner had not antedated the prior art with evidence of its prior conception, diligence and reduction to practice, and the Federal Circuit agreed. The decision comes approximately seven months after oral argument on December 6, 2018.
Kolcraft Enter., Inc. v. Graco Children’s Prods., Inc.
2018-1259 (IPR 2016-00816)
Design Patent IPR Outcomes