Design Patent Case Digest: ATAS International, Inc. v. Centria
- Sterne, Kessler, Goldstein & Fox
On September 24, 2013, the Patent Trial and Appeal Board denied ATAS International, Inc.'s petition to institute inter partes review of U.S. Design Patent No. D527,834, entitled Building Panel and assigned to Centria. ATAS did not meet its burden of showing a reasonable likelihood of prevailing under 35 U.S.C. § 314(a), therefore, the Patent Trial and Appeal Board denied the petition.
On January 8, 2014, ATAS requested a rehearing of the board's decision, arguing that the board mischaracterized the claimed design of '834 patent, failed to properly assess the visual impression of the prior art, and improperly focused on the differences between the prior art and the claimed design, ignoring the similarities. The board was not persuaded by these arguments.
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