Fed. Circ. Rules Design Patents Only Cover Specific Items

Law360 (September 12, 2019, 6:32 PM EDT) -- The Federal Circuit refused Thursday to revive a design patent lawsuit that household products maker Curver Luxembourg SARL brought against Home Expressions over storage baskets, finding Curver’s patented design was limited to a chair.

The appeals court, in a precedential opinion, affirmed a New Jersey federal judge’s decision that Home Expressions' baskets featuring an overlapping "Y" pattern did not infringe Curver’s patent, which depicts a similar pattern.

Calling this a case of first impression, the Federal Circuit said it was confronted with an “atypical situation.”

When defining the scope of a design patent, judges generally focus on drawings in the patent....

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