AIPLA, Apple Attack Stanley Works Decision

Law360, New York (May 14, 2010, 5:38 PM EDT) -- The American Intellectual Property Law Association and Apple Inc. have urged the U.S. Court of Appeals for the Federal Circuit to reconsider a March ruling holding that a product's functional elements must be discounted when analyzing whether a design patent has been infringed.

In amicus briefs filed April 22 arguing for an en banc rehearing of Richardson v. Stanley Works Inc., the AIPLA and Apple maintain that the March 9 ruling has the potential to undermine both the validity and enforceability of design patents.

The standard...
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