Sterne Kessler Publishes 2023 Design Patents Year in Review: Analysis & Trends Report

Washington, D.C. (January 31, 2024) – Sterne, Kessler, Goldstein & Fox has released a new publication, 2023 Design Patents Year in Review: Analysis and Trends. The report was edited by Director Tracy-Gene G. Durkin and authored by Directors Daniel A. Gajewski, Deirdre M. Wells, and Ivy Clarice Estoesta.

The report highlights some of the important developments that occurred in 2023 involving design patents at the U.S. Court of Appeals for the Federal Circuit (CAFC), the U.S. International Trade Commission (ITC), U.S. District Courts, and the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB). The publication also provides an update on recent legislative changes that are taking place globally concerning design protection and enforcement, as well as practice changes.

Specifically, topics explored in this report include two cases of note decided by the CAFC; the first, Columbia Sportswear N. Am. Inc., v. Seirus Innovative Accessories Inc., that addressed an issue of first impression, and the other, LKQ v. General Motors, covered the court agreeing to hear a case en banc to consider whether the long-standing design patent obviousness analysis requires modification. The report also examines the ITC and the PTAB continuing to hear design patent cases and trends that show the durability of design patents. Further, the report highlights important updates to global design protections and their implications for IP holders and practitioners.

The full 2023 Design Patents Year in Review: Analysis and Trends report and individual articles are available on Sterne Kessler’s website in HTML and PDF formats here. The firm’s Federal Circuit Appeals from the PTAB: Summaries of Key 2023 Decisions, is now available here. In the coming weeks, the firm will publish two additional reports covering notable 2023 PTAB decisions and cases at the ITC.

An on-demand webinar featuring the editor and authors of the 2023 Design Patents Year in Review: Analysis and Trends report is posted here. The firm is presenting webinars to review the content highlighted in all of the reports. The programs are being hosted live and are available for on-demand viewing. Registration and download information is available here.

About Sterne, Kessler, Goldstein & Fox

Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, transfer, and enforcement of intellectual property rights, Sterne, Kessler, Goldstein & Fox is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, students, and technical specialists include some of the country’s most respected practitioners of IP law tackling innovations across a broad spectrum of industries. The firm’s practitioners hold over 50 masters and over 60 doctorate degrees in science or engineering and represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.