Supreme Court Review Sought From First Federal Circuit Ruling in Design Patent IPR

Author: Robert C. MacKichan
Editor: Lauren J. Dreyer

Design patent owner, Luv n’ Care, has sought Supreme Court review of the Federal Circuit’s ruling affirming the Patent Trial and Appeal Board’s invalidation of Luv n’ Care’s design patent for a baby sippy cup.  This is the first case on design patents at the PTAB to reach the Federal Circuit, and now the Supreme Court. The Federal Circuit upheld the PTAB’s decision without opinion.

In its petition for certiorari, Luv n’ Care argues that the Federal Circuit failed to address the PTAB’s violation of what Luv n’ Care urges is a “fundamental” rule of administrative procedure and due process—that agencies must not switch theories midstream without giving proper notice and an adequate opportunity to respond.  During the IPR proceeding, Luv n’ Care claims that the PTAB improperly raised two new issues—one in the final hearing, and one in the final written decision—to which it was not given an adequate opportunity to respond.  Luv n’ Care looked to the precedents of ten other Circuit Courts in arguing that the Federal Circuit is out of step on a “vital procedural safeguard.”  The petition also relies on a body of jurisprudence requiring fair play and no unfair surprise.  Luv n’ Care claims that the issues presented in its petition are important because “as the busiest patent litigation tribunal in the country, [the PTAB] needs to understand that limits exist on the issues it may rely upon in its determinations.”

DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Tagged , , , , ,

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: