McKenna will be speaking with Tracy-Gene Durkin, Sterne, Kessler at Goldstein & Fox, PLLC and John Cheek, Caterpillar Inc.
The panel will discuss:
- The Sixth Circuit decision in Groeneveld Transport v. Lubecore, which discusses the nonfunctionality requirement for trade dress protection
- The Federal Circuit decision in High Point Design v. Buyer’s Direct, which clarifies the design patent test for obviousness
- The PTAB’s decision not to grant a petition for inter partes review to ATAS, which was trying to invalidate a design patent for a building panel owned by Centria
- The recent Federal Circuit decision in Pacific Coast Marine v. Malibu Boats, holding that the principles of prosecution history estoppel apply to design patents
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