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Design Patents: 'Campbell Soup' Stirs the Pot

Publisher: New York Law Journal
December 11, 2019
Day Pitney Author(s) Jonathan B. Tropp

Jonathan Tropp, an intellectual property litigator, authored an article, "Design Patents: 'Campbell Soup' Stirs the Pot," published by the New York Law Journal. In his piece, Tropp discusses the U.S. Court of Appeals for the Federal Circuit decision in Campbell Soup Co. v Gamon Plus, which concluded substantial evidence did not support the Patent Trial and Appeal Board’s finding that a reference was insufficiently similar to the claimed designs to be a primary reference. He also raises whether the decision will have long-term impact on validity arguments in design patent cases.


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