Fed. Circ. Urged To Review Its 1st Design Patent AIA Ruling

Law360, Los Angeles (May 12, 2015, 9:10 PM EDT) -- Luv n' Care Ltd. on Tuesday urged the full Federal Circuit to review its first America Invents Act decision on a design patent, arguing the appellate court wrongly upheld an unfair Patent Trial and Appeal Board decision that a design for a baby drinking cup was unpatentable.

The baby product company contends in its request for an en banc review that the Patent Trial and Appeal Board raised two new issues and relied on them to invalidate a design patent, despite case law in other circuits that agencies can't "change theories midstream" without notice.

"This court has applied similar due process...

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