03.27.08 | Banner & Witcoff, Ltd. announced today that it prevailed on behalf of Compupal Corporation in defending their design patent in an interference win against Sakar International, Inc.

On March 24, 2008, the United States Patent and Trademark Office issued a judgment in a design interference between Compupal Corporation (U.S. Des. Pat. No. D539,785) and Sakar International, Inc. (pending application). While Sakar’s application had an earlier U.S. filing date, the ‘785 patent included a timely filed priority claim to a Chinese design application that predates Sakar’s U.S. application. The Board agreed with Compupal, finding that the ‘785 patent was entitled to the benefit of the earlier priority date despite certain differences in figures between the Chinese and U.S. application. Sakar’s application is to be finally refused in light of the ‘785 patent.

The Banner & Witcoff team consisted of Joseph M. Skerpon, David R. Gerk, William J. Fisher, and Robert S. Katz.