The Federal Circuit affirmed dismissal of design patent infringement claims under an estoppel theory triggered by amendments made to meet patentability requirements in Curver Luxembourg, SARL v. Home Expressions Inc., No....more
9/18/2019
/ Article of Manufacture ,
Claim Limitations ,
Design Patent ,
Patent Examinations ,
Patent Litigation ,
Patent Prosecution ,
Patents ,
Popular ,
Prior Art ,
Prosecution History Estoppel ,
USPTO
While design patents follow many of the same rules as utility patents, the application of those rules in determining design patent infringement can be less than straightforward. But a recent Initial Determination by ALJ...more
On July 23, 2019, the U.S. Court of Appeals for the Federal Circuit released its decision affirming summary judgment that the asserted design patents were not invalid for non-ornamentality under 35 U.S.C. ยง 171, and rejecting...more
7/30/2019
/ Appeals ,
Auto Parts ,
Automotive Industry ,
Design Patent ,
Ford Motor ,
Functionality ,
Ornamental Design ,
Patent Exhaustion ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prosecution History Estoppel ,
Summary Judgment