Design Patent Plaintiffs Have Low Bar, Fed. Circ. Says

Law360, New York (January 25, 2013, 8:07 PM EST) -- By reinstating an inventor's suit against Bed Bath & Beyond Inc. on Friday and rejecting a heightened pleading standard used by the lower court, the Federal Circuit made clear that design patent complaints need only meet a minimal threshold to survive a motion to dismiss, attorneys said.

The appeals court held that a New York federal judge was wrong to dismiss the plaintiff's complaint because it did not explain what was "new, original and ornamental" about his patented design for a towel with zippered pockets....
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