No design patents for you!–Extension of Fox Factory Complicates Reliance on Indicia of Non-Obviousness
LexBlog IP
APRIL 12, 2022
the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).
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