PTAB Cancels First Design Patent in an IPR

In an April 21 decision, the PTAB canceled the design claim in the first granted IPR of a design patent.  The PTAB had denied trials on the only two earlier filed design patent IPRs.  The PTAB found that the design for a drinking cup was invalid as having been obvious over two prior art designs.  Notably, during the IPR, the patentee attempted to amend its design claim, but the PTAB determined that the amended design claim was broader than the patented design claim, and therefore denied the patentee’s motion to amend.