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

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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