Design Patent Obviousness Shake-Up Following En Banc Federal Circuit Decision; Christopher V. Carani Quoted in IPWatchdog and Law360
05.24.24
The en banc Federal Circuit overturned the longstanding Rosen-Durling test for design patent obviousness, a decision that will create uncertainty in the design patent world. Last year, Chris and Dunstan Barnes authored an AIPLA amicus brief on the topic that was quoted by both the majority and concurring opinions, and mentioned in most coverage of this development. Chris also shared his point of view in both IPWatchdog and Law360.
From IPWatchdog: “Christopher Carani, who authored an amicus brief for the American Intellectual Property Law Association (AIPLA) in the case, said the decision is going to be difficult to apply in practice and will complicate challenges all around”
From Law360: “The Federal Circuit tore down the previous test, ‘only to put in its place something that seems quite similar to the original, albeit without the perceived rigidity and [with] a good dose of uncertainty as to how the analysis will be applied.’”
Read the full IPWatchdog and Law360 articles here: https://bit.ly/3UWiNxw and https://bit.ly/3Kbp5ET