When facing a design patent invalidation where the filing date is long ago and patent literature is limited, evidentiary strategy becomes critical. A recent design patent invalidation case demonstrates how non-patent evidence, when identified, verified, and presented strategically, can decisively influence the outcome.

The Challenge

In design patent invalidation cases, traditional prior art searches may produce insufficient grounds to challenge a design's validity. This is especially true when a patent was filed over a decade ago and an earlier invalidation attempt has already failed. Non-patent materials can be decisive if their relevance and reliability are well-established. Design patent disputes often hinge on how effectively evidence is found, authenticated, and woven into a persuas

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