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ARTICLE · 14 SEPTEMBER 2017

Recent Design Decisions Provide Insight For Design Patent Prosecution

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Three recent decisions relating to design patents provide useful insights into design patent prosecution.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Three recent decisions relating to design patents provide useful insights into design patent prosecution.  First, the PTAB recently instituted two IPR petitions directed to design patents, bringing the total number of instituted design petitions to nine.  In addition, the Central District of California recently found a design patent directed to an interlocking floor mat to be invalid as obvious on summary judgment.

Skechers USA, Inc. v. Nike, Inc., IPR2017-00620, -00621

In a November 2016 post, we discussed a series of petitions Skechers filed against Nike involving design patents directed to athletic shoes.  At that time, all eight of Skecher's petitions were denied institution by the Patent Trial and Appeal Board (PTAB).  In a new series of petitions filed on different grounds, Skechers once again sought to invalidate the same Nike design patents.  This time around, however, the PTAB granted institution on two of Skechers' petitions, IPR2017-00620

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