First ever PGR petition filed against a design patent
In May 2016, the first ever PGR petition on a design patent was filed against a design patent owned by a DRM client. The Petition sought to invalidate the client’s design patent based on alleged error in inventorship and functionality of the claimed design. In August 2016, we filed a Preliminary Patent Owner Response (POPR) to the Petition explaining that the Petition failed to present sufficient evidence to support either ground of invalidity. On November 2, 2016, the Patent Trial and Appeal Board (PTAB) agreed with our argument and issued a decision denying trial on both asserted grounds, essentially adopting the positions advocated by DRM in the POPR.