2024 Bench & Bar® Conference

Sterne Kessler was pleased to sponsor the 2024 Bench & Bar® Conference hosted by the Federal Circuit Bar Association. During the conference, Director Daniel Yonan moderated the “Litigating in the ITC With Your Appeal in Mind” panel session and Director Tracy Durkin was a panelist during the “Design Patents” session.

Litigating in the ITC With Your Appeal in Mind Panel Overview

Issues unique to ITC practice can become extremely significant on appeal. This panel explored practitioner views on litigating domestic industry, public interest considerations, procedural issues like Presidential Review, and APA issues with an eye towards appeal and provided advice for best practices.

Design Patents Panel Overview

This panel addressed recent changes in law and practice surrounding design patents. A general focus of discussion was around the Federal Circuit’s upcoming en banc decision in the LKQ case regarding the obviousness standard for design patents, including the application of KSR as well as possibly questions concerning anticipation and forfeiture. The panel also addressed any legal holdings from this case as well as implications for design patent practice more broadly. In addition, the panel addressed the relationship between design patents and trademarks, as well as the proper scope of design patent claims for purposes of infringement and invalidity, as relevant in the Columbia/Seirus case.