Sterne Kessler is pleased to be a sponsor for the 2024 Bench & Bar® Conference hosted by the Federal Circuit Bar Association from June 19-22, 2024, at the Wild Dunes Resort in Isle of Palms, SC. During the conference, Director Daniel Yonan will moderate the “Litigating in the ITC With Your Appeal in Mind” panel session taking place on Friday, June 21st, from 11:00 AM – 12:00 PM (EDT), and Director Tracy Durkin will be a panelist during the “Design Patents” session on Saturday, June 22nd from 9:45 AM – 10:45 AM (EDT).

Litigating in the ITC With Your Appeal in Mind Panel Overview

Issues unique to ITC practice can become extremely significant on appeal. This panel will explore practitioner views on litigating domestic industry, public interest considerations, procedural issues like Presidential Review, and APA issues with an eye towards appeal and provide advice for best practices.

Design Patents Panel Overview

This panel will address recent changes in law and practice surrounding design patents. A general focus of discussion will be the Federal Circuit’s upcoming en banc decision in the LKQ case regarding the obviousness standard for design patents, including the application of KSR as well as possibly questions concerning anticipation and forfeiture. The panel will address any legal holdings from this case as well as implications for design patent practice more broadly. In addition, the panel will address the relationship between design patents and trademarks, as well as the proper scope of design patent claims for purposes of infringement and invalidity, as relevant in the Columbia/Seirus case. The panel will also address other currently evolving aspects of design patent law and practice.