Design Patents and Trade Dress: Significant Recent Litigation

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

Register for the event.