Design Patent Case Digest: W.Y. Industries, Inc. v. Kari-Out Club LLC


Decision Dates: August 25, 2011 and November 12, 2013 -

Courts: D. NJ and United States Court of Appeals for the Federal Circuit -

Patents: D469,689 -

Holding: The terms of the ‘689 Patent are construed; AFFIRMED by the Federal Circuit.

Opinion: Plaintiff W.Y. Industries, Inc. sued Kari-Out Club LLC for infringement of U.S. Design Patent D469,689, entitled Rectangular Stackable Container. W.Y. Industries sells rectangular plastic food containers. Kari-Out makes competing food containers. The Court adopted W.Y. Industries’ verbal claim construction and denied Kari-Out’s request to include additional language, which described the functional features of the patented design.

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