Federal Circuit upholds first design patent IPR ruling

The US Court of Appeals for the Federal Circuit has issued its first decision on an inter partes review ruling on the validity of a design patent.

On Tuesday (April 14), the federal circuit upheld a decision from the Patent Trial and Appeal Board (PTAB) that design patent D617,465 was invalid on the grounds that it was obvious.

The decision, issued in April 2014, marked the first time a design patent was invalidated through the IPR mechanism at the PTAB.

Patent ‘465 is called "Drinking cup" and was issued in June 2010 to baby products company Luv N’Care.

The product is bottle-shaped and is intended to be used by babies. It features indents where the baby can grip the bottle and a spout at the top.

Toy companies Munchkin and Toys “R” Us challenged the validity of the patent by petitioning the PTAB to review it in April 2013.

The IPR, introduced as part of the America Invents Act, allows parties to challenge the validity of patents without going through the district courts.

Munchkin did not respond to a request for comment, but it does state on its website that it “endeavours to rid the world of tired and mundane patents”.

Luv N’Care did not respond to a request for comment.