Fed. Circ. Says Art Tool Can't Block Lip Implant Design Patent

By Dani Kass (October 4, 2021, 6:05 PM EDT) -- The Federal Circuit on Monday said an art tool that looks similar to SurgiSil's lip filler alternative shouldn't prevent the medical device company from getting a design patent, despite a Patent Trial and Appeal Board ruling otherwise.

A three-judge panel reversed the PTAB's finding that SurgiSil's application for a design patent is anticipated by an art tool from a Dick Blick catalog called a stump, which smooths and blends pastel or charcoal. The precedential opinion holds that a design patent is limited to its claimed use, so an art tool wouldn't impact the ability of a lip implant to get a...

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