SurgiSil’s Design Patent Ruling

Haynes and Boone successfully represented SurgiSil in the case.

SurgiSil, LLP won the claim, convincing the Court of Appeals for the Federal Circuit that a design patent application for a lip implant should not have been rejected by the U.S. Patent and Trademark Office (USPTO), despite the Patent Trial and Appeal Board (PTAB) affirming the rejection.  

The Federal Circuit’s ruling is significant because it clarifies the scope of a design patent claim, confirming that a design claim is limited to the article of manufacture identified in the claim. 

SurgiSil is a medical device company specializing in the design, development, and commercialization of silicone-based products for plastic and cosmetic surgery.

The Haynes and Boone team was led by Dallas Partners Alan Herda (Picture) and Vera Suarez. Washington, D.C., Associate Angela Oliver was the lead appellate lawyer in the case and argued before the Federal Circuit; Angela was supported by Dallas IP Litigation Partners Debbie McComas and Russ Emerson.  

Involved fees earner: Russ Emerson – Haynes and Boone; Alan Herda – Haynes and Boone; Debbie McComas – Haynes and Boone; Angela Oliver – Haynes and Boone; Vera Suarez – Haynes and Boone;

Law Firms: Haynes and Boone;

Clients: SurgiSil;