Mind + Muscle

technical minds + legal muscle


dig deep

Notes on Titan Tire Corp. v. Case New Holland, Inc. (U.S. Court of Appeals for the Federal Circuit)

  • 06.23.09
  • Tracy-Gene G. Durkin
  • Sterne, Kessler, Goldstein & Fox P.L.L.C.

There were several surprises in the Federal Circuit’s recent decision in Titan Tire Corp. v. Case New Holland, Inc., including the court’s treatment of Titan’s argument that the trial court erred by invoking the Supreme Court’s decision in KSR International Co. v. Teleflex, Inc.   Titan argued that the trial court’s reliance on the passage in the KSR opinion dealing with the “predictable use of prior art elements according to their established functions” has no applicability in the design patent context because design patents are ornamental rather than functional.  According to the Federal Circuit, the trial court did not rely on the KSR analysis, but recognized that the application of KSR to design patents was “new and untested ground.”  Further, the court said it is not obvious that the Supreme Court necessarily intended to exclude design patents from the reach of KSR.  If unpredictable results become a standard for design patentability, the system could come to halt.

Related People

Related Services

Sort By Media Type

Sort By Media Type
  • AlertAlert
  • BriefsBriefs
  • Comments to USPTOComments to USPTO
  • Design Patent Case DigestDesign Patent Case Digest
  • MultimediaMultimedia
  • News & ArticlesNews & Articles
  • Press ReleasePress Release
  • VideoVideo
  • WebinarWebinar

Unsolicited e-mails and information sent to Sterne, Kessler, Goldstein & Fox P.L.L.C. will not be considered confidential or privileged, may be disclosed to others, may not receive a response, and do not create an attorney-client relationship with Sterne Kessler.  If you are not already a client of Sterne Kessler, do not include any confidential information in this message.