Wurst Case Scenario: Sausage Tray Design Patent Found Obvious, PTAB Litigation Blog
Last October, the Federal Circuit reversed the PTAB’s decision that a challenged design patent was not obvious. Campbell Soup Co. v. Gamon Plus, Inc., 939 F.3d 1335 (Fed. Cir. 2019). We wrote about how the court applied a more flexible design patent obviousness analysis than the PTAB. Here, we report on another interesting decision that seems to take another step towards flexibility in the design patent obviousness analysis and borrowing principles from utility patents never before applied to design patents.