Design Patents Do Not Protect Functional Features

Law360, New York (March 24, 2010, 1:52 PM EDT) -- On March 9, 2010, the Federal Circuit issued Richardson v. Stanley Works Inc., 2009-1354 (Fed. Cir. Mar. 9, 2010), breathing life and some clarity into the application of functionality to design patents and affirming a summary judgment finding of no infringement.

In April 2009, the district court granted summary judgment of noninfringement in Richardson v. Stanley Works Inc., 610 F.Supp.2d 1046 (D. Ariz. Apr. 6, 2009), based on a claim construction that distinguished functional features from protectable ornamental features. The district court narrowed the infringement analysis...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.