Last week, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. In the decision, captioned Columbia Sportswear North America, Inc. v. Seirus Innovative
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CMS Proposal to Make One-Time $9 Billion Lump Sum Payment to 340B-Covered Entity Hospitals
Uncertainty Ahead if Design Patent Obviousness Test is Abrogated by en banc CAFC
RECAP – 16th Annual USPTO Design Day
Quarles & Brady partner and editor-in-chief of the firm’s Protecting the Product design rights blog, James Aquilina, and patent engineer Harrison Powell attended the 16th Annual USPTO Design Day on May 4, 2023, in Alexandria, Virginia at the USPTO’s Headquarters.
There…
REGISTRATION NOW OPEN – 16th Annual USPTO Design Day on May 4, 2023
REGISTRATION NOW OPEN – 16th Annual USPTO Design Day on May 4, 2023
Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here.
The 16th annual…
Continuing Changes in the 340B Space: New Restrictions and Shifting Alliances

As detailed further in our article on the current state of the 340B Program and what to expect in 2023, a growing list of manufacturers have taken the step of significantly restricting 340B pricing for fills completed by contract pharmacies.…
Safety Helmet Product Configuration Trademark Registrations Demolished by Lack of Evidence of Acquired Distinctiveness

The USPTO’s Trademark Trial and Appeal Board (“Board”) recently ordered the cancellation of two trademark registrations for product configurations of safety helmets, shown below and both directed to “… a three dimensional configuration of two ridges located along the center…
SAVE THE DATE – 16th Annual USPTO Design Day Announced for May 4, 2023
Save the Date to Attend the 16th Annual USPTO Design Day
The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at…
Flawless Legs and a Shaved Head? An Ordinary Observer Can Tell the Difference

In a recent district court decision, a New Jersey federal judge granted summary judgment to an accused infringer of a patented design. Skull Shaver LLC. v. IdeaVillage Products Corp., No.18cv3836 (EP) (AME) (D.N.J. Dec. 28, 2022). In its complaint,…