Sarah Fackrell
Today in "Nope, Not Infringing": Parting Stone, Inc. v. Remember Me Pebbles LLC, Docket No. 2:26-cv-00931 (W.D. Wash. Mar 18, 2026). This patent covers a design for "solidified cremation remains," as show in in the drawing. Not any stone-shaped solidified remains. #ConceptFallacy
Mar 19 at 11:51amWeb
Show threadSarah Fackrell2d ago
This plaintiff seems to be under the mistaken impression that they own the idea of stone-shaped solidified remains. They do not.
Show threadSarah Fackrell2d ago
Oh, wow, this design application got TWO rejections before being allowed. data.uspto.gov/patent-file-... That's extremely unusual. Most design patent applications just sail through, with no rejections at all.
Show threadSarah Fackrell2d ago
Ooh, you know that the originality rejection caught my eye.
Show threadSarah Fackrell2d ago
By the way, the USPTO's "simulation" rule is not well-supported, as we discussed here: www.regulations.gov/comment/PTO-... For more on originality & design patents, see papers.ssrn.com/sol3/papers....

Uncreative Designs
Regulations.gov

Show threadSarah Fackrell2d ago
The anticipation rejection was based on naturally-occurring rocks. It's interesting to me that examiners are still making these kinds of rejections post-SurgiSil. www.cafc.uscourts.gov/opinions-ord...