IP Alert | Federal Circuit Finds Campbell Soup’s “Primary” Reference to be “M’m! M’m! Good!”
NEWS -On Sept. 26, a split panel of the U.S. Court of Appeals for the Federal Circuit revived Campbell Soup Co.’s and Trinity Manufacturing’s challenge of design patents covering a display rack, ruling that the U.S. Patent Trial and Appeal Board (PTAB) wrongly excluded a prior art reference as serving as a “primary reference.”