USPTO Institutes First Design Patent Inter Partes Review

By Ryan Davis (April 26, 2013, 8:41 PM EDT) -- The U.S. Patent and Trademark Office on Thursday instituted an inter partes review of a baby drinking cup patent that Toys R Us Inc. claims is invalid as obvious, marking the first time the new America Invents Act procedure has been used for a design patent.

The Patent Trial and Appeal Board concluded that Toys R Us and co-petitioner Munchkin Inc. had shown that there is a reasonable likelihood that they will prevail on their challenge to the validity of a patent held by baby product maker Luv N' Care Ltd. Inter partes review, which became available in September, allows challenges to...

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