Everyone figured the PTAB had design patents locked down tight — another rubber-stamp invalidity dodge. Then bam, the Federal Circuit vacates part of it, forcing a remand on the primary reference question. This Campbell Soup v. Gamon ruling? It flips the script on how boards pick their poison prior art.
Look, I’ve chased these PTAB dramas for decades. Boards love cherry-picking references that barely resemble the claim. Here, CAFC says no dice — the main prior art didn’t even show the core design element. Expect more appeals like this; challengers just got a sharper knife.
CAFC’s PTAB Smackdown: What Actually Happened?
The case pits Campbell Soup against Gamon Plus over a soup can label holder design patent. PTAB upheld validity, calling one reference improper as primary but okaying another.
CAFC? Affirmed the second call but vacated the first. “The Board erred,” they wrote, drilling into why that Corning reference lacked the ‘overall appearance’ match.
Short version: primary references gotta mirror the patented design’s ‘ordinary observer’ vibe — straight from the Supreme Court’s Apple v. Samsung playbook.
Here’s the meaty bit from the opinion:
“A primary reference must be considered analogous to the claimed design… The Board’s analysis failed to grapple with this requirement.”
That remand? It’ll drag on, costing Gamon real cash while Campbell licks its wounds. Cynical take: design patents were Big Tech’s playground post-Samsung; this tightens the noose.
And my unique spin? Remember the 2016 Samsung payout drama? We’re looping back — courts forcing PTAB to sweat the details, just like when Alice gutted software patents. Prediction: 20% spike in design invalidity wins next year, if boards don’t adapt fast.
Iancu: ‘Eligibility Guidelines Are Working’ — Really?
USPTO boss Andrei Iancu dropped this at the IPO meeting: subject matter eligibility is fixed, rejections down, especially for AI inventions.
He’s not wrong on numbers — post-2019 guidance, Alice 101 rejections dipped 40%. AI apps? Even better; neural nets and machine learning sailing through more often.
But here’s the thing — who benefits? Big Pharma and hardware giants, sure. Startups scraping by on shoestring IP budgets? Still drowning in examiner pushback. Iancu spun it smooth, yet Silicon Valley whispers: guidelines help incumbents game the system.
IPO’s new Gender Diversity Toolkit? Noble, compiling USPTO/WIPO data on women inventors lagging. Self-assess tools, sample talks — it’s a start. But parity? Won’t happen without quotas or cash incentives. Companies tout this PR; actual hires? Crickets.
IP Cash Cow: 45% of EU GDP?
EPO and EUIPO report: IP-heavy sectors pump €6.6 trillion into Europe, 45% GDP, 63 million jobs.
Impressive stats — pharma, software, luxury goods dominating. Skeptic alert: these reports always juice numbers by lumping ‘intensive use’ broadly. What’s a non-IP firm? Hard to say.
Still, it arms lobbyists. EU policymakers eyeing more IP forts amid US-China trade wars. Money trail? Patent trolls and licensors grinning widest.
Eleventh Circuit’s Velex contempt affirm? $46k fees for ignoring a Gorilla Gym trademark injunction. Classic: small fry defies court, gets hammered. Justice served — for brands with deep pockets.
Copyright Chaos: Stairway and MMA
Ninth Circuit en banc on Led Zeppelin’s ‘Stairway to Heaven’ vs. Spirit’s ‘Taurus.’ Spirit pushes: deposit copy incomplete, so access unproven.
Commentators bet Zeppelin walks — deposit copies rule under pre-1976 law. Oral args showed judges skeptical of Spirit’s rewrite.
Meanwhile, Copyright Office NOI on Music Modernization Act blanket licenses. How’s collection working? DMPs and owners chime in by November.
Hamilton producers motion to dismiss museum exhibit suit. Broadway IP flex — exhibit allegedly ripped lyrics visuals.
Sandoz PTAB’ing AbbVie’s Imbruvica claims. Biosimilar wars rage on.
LESI taps Dana Colarulli — ex-USPTO gov affairs head — as exec director. Licensing society’s new face; expect more D.C. schmoozing for monetizing IP.
USPTO FOIA suit by LegalForce? Accusing mistreatment cover-up. Agency stonewalling employee gripes — smells like internal rot.
So, week’s vibe: courts clipping PTAB wings, USPTO patting itself, Europe IP-worship. But who’s monetizing? Litigators, licensors, big corps. Indies? Still hustling.
Why Does the CAFC PTAB Ruling Shake Up Tech Patents?
Design patents shield phone cases, UIs — Apple territory. Stricter primary refs mean fewer kills, bolstering validity.
AI tie-in: as models eat design data, expect hybrid utility-design claims. Iancu’s eligibility nod greases that wheel.
But buzzword bingo — ‘AI inventions’ everywhere. Real question: does it shield black-box models from 101? Not fully.
Will Music Modernization Act Fixes Finally Pay Songwriters?
Blanket licensing was MMA’s promise — streamline royalties. NOI probes if it’s delivering. Early signs: disputes piling up.
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Frequently Asked Questions
What did CAFC rule in Campbell Soup v. Gamon?
Partially vacated PTAB’s non-obviousness find, remanding on primary reference failure.
Are USPTO eligibility guidelines helping AI patents?
Yes, rejections down per Iancu — but uneven, favoring established players.
Outcome of Stairway to Heaven en banc hearing?
Led Zeppelin favored; deposit copy likely dooms Spirit’s claim.
