By Colin B. Harris
| April 16, 2015
On April 14, 2015, the U.S. Court of Appeals for the Federal Circuit ("CAFC") affirmed the Patent Trial and Appeal Board’s decision that Luv N' Care's U.S. Patent Number D617,465 ("the '465 patent") was unpatentable. The PTAB’s decision was the first inter partes review initiated by the USPTO for a design patent. The CAFC issued a Rule 36 judgment that affirmed this decision without opinion.  For reference, Figures 2 and 3 from the '465 patent are provided below.   
Figs 2 and 3 of 465 patent
As we previously reported, the PTAB found that the ‘465 patent had certain differences from a prior application and thus was unable to benefit from the filing date of the prior application. The PTAB’s written decision noted that counsel for Luv N’ Care conceded that the claim was not patentable if denied the benefit of the filing date of the prior application.