Fed. Circ. Won't Review Its 1st Design Patent AIA Ruling

By Y. Peter Kang (June 17, 2015, 10:56 PM EDT) -- The Federal Circuit on Tuesday shot down a bid by Luv n' Care Ltd. to rehear the appellate court's first America Invents Act decision on a design patent, which upheld a Patent Trial and Appeal Board decision that a design for a baby drinking cup was unpatentable.

The Federal Circuit denied the petition for panel rehearing or rehearing en banc without discussion in a two-page order.

An attorney for Luv n' Care told Law360 on Wednesday that the decision was "extremely disappointing."

"The court has not provided any reasons to support its judgment or explain why the law governing administrative trials...

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