Function Doesn't Count For Design Patents: Fed. Circ.

Law360, New York (March 9, 2010, 6:57 PM EST) -- A federal appeals court on Tuesday upheld a lower court's decision that tool giant Stanley Works Inc. did not infringe a patent for a combination hammer-crowbar through its popular Fubar, ruling that a product's functional elements must be discounted when analyzing whether a design patent has been infringed.

In a precedential opinion, the U.S. Court of Appeals for the Federal Circuit found that several of the Fubar's design elements — including its tapered hammer-head, streamlined crowbar, triangular neck and smoothly contoured handle — distinguish it from...
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