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Patent Trial and Appeal Board Representative Orders, Decisions and Notices
January 17, 2019, Decided
Case PGR2018-00073, Paper: 14 ; Patent D799,100 S
USPTO Bd of Patent Appeals & Interferences; Patent Trial & Appeal Bd Decs.
OBERMANN, Administrative Patent Judge.
Denying Institution of Post-Grant Review of the Challenged Claim 35 U.S.C. § 324(a)
Levitation Arts, Inc. ("Petitioner") filed a Petition (Paper 1, "Pet.") requesting post-grant review of the sole design claim for a "levitating light bulb and base" as disclosed in U.S. Patent D799,100 S (Ex. 1001, "the '100 Patent "). Flyte LLC ("Patent Owner") filed a Preliminary Response. Paper 13 ("Prelim. Resp.").
We have authority to determine whether to institute a post-grant review under 35 U.S.C. § 324. Based on the information presented in the Petition and the Preliminary Response, we determine that Petitioner fails to demonstrate that it is more likely than not that the claim of the '100 Patent is unpatentable. We, thus, deny the Petition and do not institute a post-grant [*2] review of the challenged claim.
B. Related Matters
For purposes of this Decision, we accept Petitioner's statement that "[t]here are no pending legal matters involving the '100 Patent ." Pet. 1. Patent Owner did not file mandatory notices as required by our rules or oppose Petitioner's statement of related matters. See 37 C.F.R. § 42.8(a)(2) (requiring patent owner to file mandatory notices that identify, among other things, related matters, within 21 days of service of a petition); see generally Prelim. Resp. (nowhere disputing Petitioner's statement of related matters).
C. The Claim of the '100 Patent
The '100 Patent relates to and claims an "ornamental design for a levitating light bulb and base, as shown and described" in seven accompanying figures. Ex. 1001, . Figures 1, 2, and 6, reproduced below, are illustrative of the claimed design.
Ex. 1001, Fig. 1. Figure 1 of the '100 Patent is a line drawing of a front, right perspective view of a levitating light bulb and base.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2019 Pat. App. LEXIS 13936 *
LEVITATION ARTS, INC., Petitioner, v. FLYTE LLC, Patent Owner.
[*1] ROUTINE OPINION. Pursuant to the Patent Trial and Appeal Board Standard Operating Procedure 2, the opinion below has been designated a routine opinion.
patent, photograph, light bulb, line drawing, bulb, levitating, filament, enlarge, reproduce, prelim, visual, impression, top, filing date, unpatentability, depict, thread, side-by-side, elevational, hexagonal, visible, convey, horizontally, vertical, isolate, opaque