Fed. Circ. Affirms PTAB In First Design Patent AIA Review

By Vin Gurrieri (April 14, 2015, 2:55 PM EDT) -- The Federal Circuit on Tuesday turned aside an appeal of the first America Invents Act review decision on a design patent, letting stand a ruling by the Patent Trial and Appeal Board that Luv N' Care Ltd.'s design for a baby drinking cup was unpatentable.

Diagrams from Luv N' Care's invalidated patent show the design for a baby's drinking cup. (Credit: court documents) In a one-sentence affirmation, a three-judge appellate panel affirmed an April 2014 final written decision in an inter partes review by the PTAB, which held that Luv N' Care's U.S. Patent Number D617,465 was unpatentable under Section 103 of the...

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