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Federal Circuit Lowers Bar for Proving Design Patent Infringement

In a much-anticipated opinion that addresses an issue of first impression, the US Court of Appeals for the Federal Circuit narrowed the scope of “comparison prior art”―prior art considered by the fact finder during an...more

Court Interprets Purported Contour Lines in Design Patent Drawings as Claimed Features

The benefits of clear surface shading in a design patent were highlighted in a recent district circuit decision, which found that purported contour or tangent edge lines added to the drawings to illustrate a transition edge...more

Possible Patent Infringement Risk for Companies Making COVID-19 Equipment Without DPA Contracts

With each passing day, more US companies are voluntarily rising to answer the president’s call to manufacture face masks, ventilators, and other critical coronavirus (COVID-19) protective equipment, but without a government...more

Federal Circuit Tosses Columbia’s $3M Design Patent Infringement Award Without Resolving Damages Issue

While sidestepping the anticipated “article of manufacture” issue for calculating the infringer’s total profits under 35 USC § 289, the US Court of Appeals for the Federal Circuit in a recent precedential opinion overturned a...more

Federal Circuit Limits Scope of Design Patent to Specific Article of Manufacture

The Federal Circuit’s recent decision to dismiss a claim for design patent infringement raises the importance of the specification in design patents. The US Court of Appeals for the Federal Circuit recently decided an...more

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