Two’s a Crowd: Prior Art in Design Patent Claim Construction, PTAB Litigation Blog
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On April 15, 2021, the PTAB issued a Final Written Decision in the LKQ Corp. case finding a design patent claiming a vehicle fender panel unpatentable as obvious. IPR2020-00064, Paper No. 39 (Apr. 15, 2021). The obviousness analysis was by-the-numbers—but the finding that the cited prior art was not “crowded” for purposes of claim construction is noteworthy.
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