Pacific Coast Marine Decision Confirms Application of Prosecution History Estoppel to Designs

more+
less-

The Federal Circuit handed down a 3-0 decision on Jan. 8, 2014, in Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC et al., recognizing that the concept of prosecution history estoppel applies to design patents. The decision was authored by Judge Dyk, who was joined by Judges Mayer and Chen.

The Federal Circuit overturned a Middle District of Florida’s grant of Malibu Boats’ motion for summary judgment of non-infringement, finding that prosecution history estoppel barred the infringement claim. The Federal Circuit held that the principles of prosecution history estoppel apply to design patents, but reversed the district court’s summary judgment of non-infringement because the accused infringing design was not within the scope of the subject matter surrendered during prosecution.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Design Patent, Estoppel, Patent Applications, Patent Infringement, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates

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.

© Banner & Witcoff, Ltd. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »