No Soup for You! Partial Display Design Patent Found Obvious, PTAB Litigation Blog
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As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc. But to be persuasive, a nexus must exist between that evidence and the design’s merits. These legal standards seem simple enough, but they can be difficult to apply as reflected in the Federal Circuit’s recent decision in Campbell Soup Co. v. Gamon Plus, Inc., Nos. 20-2344 and 21-1019 (Fed. Cir. Aug. 19, 2021).
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