What Fed. Circ. Columbia Case Means For Design Patents

Law360 (November 26, 2019, 3:19 PM EST) -- While sidestepping the anticipated “article of manufacture” issue for calculating the infringer’s total profits under 35 U.S. Code Section 289, the U.S. Court of Appeals for the Federal Circuit in a recent precedential opinion overturned a district’s court grant of infringement on summary judgment and found that incorporating a logo in the accused design may prevent a finding of infringement.

The decision makes clear that design patent infringement must be tried to a jury where factual disputes exist that could inform an ordinary observer’s overall impression of a design.

Design patent practitioners had been anticipating Federal Circuit guidance on design patent...

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