JD Supra

Federal Circuit Misses the Mark on Design Patent Non-Infringement

Armaid started selling its Armaid1 product, a massaging apparatus for the arms, in the 1990s. (See Armaid1 image below). In 2016, Terry Cross, the late President of Armaid, Nic Bartolotta, and Brian ...
JD Supra

IP Hot Topic: Spot the Difference or Close Enough? Framing Design Patent Infringement

The Federal Circuit’s recent decision in Range of Motion Products, LLC v. Armaid Company Inc. highlights a growing dissatisfaction with courts’ broad use of the sufficiently distinct/plainly ...
IPWatchdog

North Star Files Petition for Rehearing Challenging CAFC’s ‘Sufficiently Distinct’ Test for Design Patent Infringement

“If the ‘sufficiently distinct’ test is intended to impose a special gloss on Rule 56, that gloss cannot stand.” – North Star Petition for Rehearing This April, a Federal Circuit panel including ...
The National Law Review

Federal Circuit Upends Two Infringement Judgments

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Women's Wear Daily

Brooks Claps Back at Puma in Defense of ‘Nitro’ Patent

Brooks is fighting back against Puma after the German athleticwear company sued it claiming trademark and design patent infringement in July. In its defense against Puma’s claims, the Berkshire ...
IPWatchdog

CAFC Says Prosecution History Disclaimer Applies to Design Patents, Too

“We see no reason to distinguish between disclaimer by amendment and disclaimer by argument and conclude that a patentee may surrender claim scope of a design patent by its representations to the ...