Fed. Circ. Revives IP Fight Over Baby Shampoo Rinser

Law360 (July 29, 2020, 7:46 PM EDT) -- The Federal Circuit on Wednesday vacated a Louisiana judge's decision that baby products maker Luv N' Care did not infringe an inventor's patent on a flexible shampoo rinsing container, saying the court misconstrued key claim terms.

The three-judge panel's nonprecedential decision vacated the lower court's claim construction, saying it was simultaneously too broad and too narrow and "impermissibly" limited the scope of inventor Michael L. McGinley's patent, which covers a flexible pail for rinsing shampoo that conforms to a baby's head so soap doesn't get in the baby's eyes.

The panel said the district court needs to take another look at...

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