Mark Lemley’s argument about design patent obviousness and the Supreme Court’s KSR decision fell short of a win, but has served to raise the profile of the issue.
January 20, 2023 at 03:50 PM
6 minute read
What You Need to Know
- Mark Lemley and Lex Lumina lost their bid to rewrite the law of design patent obviousness.
- Judge Leonard Stark is going to be a stickler for properly raising issues at the trial level.
- Stark also suggested that Lemley might be right on the merits.
Welcome to Skilled in the Art. I’m Law.com IP reporter Scott Graham. Here’s what’s shaking this week:
• Mark Lemley and Lex Lumina lose their bid to rewrite the law of design patent obviousness—but one judge thinks he raises a good point.
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