Treading New Ground: Sterne Kessler Secures First Denial of a Design Patent IPR Petition Since LKQ v. GM

Sterne, Kessler, Goldstein & Fox secured the first denial of an inter partes review petition at the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) since the Federal Circuit’s decision in LKQ Corp. v. GM Global Tech. Operations LLC, which fundamentally changed the analysis for design patent obviousness. Read the institution denial decision here.

The challenged patent, U.S. Patent No. D927,161 is owned by Deckers Outdoor Corporation (Deckers) and covers the popular UGG® Classic Ultra Mini boot. Deckers is a global leader in designing, marketing, and distributing innovative footwear, apparel, and accessories developed for both everyday casual lifestyle use and high-performance activities. The company’s portfolio of brands includes UGG®, HOKA®, Teva®, Koolaburra®, and AHNU® and its products are sold in more than 50 countries and territories.

The Sterne Kessler team representing Deckers includes: Directors Tracy-Gene G. Durkin, Mark Rygiel, Chase Hammond, and Counsel Jennifer Meyer Chagnon.