Federal Circuit Affirms Ax Of Reusable Bag Design Patent

By Jasmin Jackson (June 22, 2022, 8:23 PM EDT) -- The Federal Circuit on Wednesday upheld a lower court's decision invalidating a retailer's design patent on reusable and foldable shopping bags, agreeing that the disputed invention is obvious and functional.

The three-judge panel's nonprecedential opinion affirms a May 2021 judgment by U.S. District Judge Roger Benitez that axed a shopping bag design patent asserted against Golden Eye Media USA Inc. by Evo Lifestyle Products Ltd. — the creator of the popular "Scrub Daddy" sponge and the reusable shopping tote known as "Trolley Bags."

The panel found that Judge Benitez correctly applied a functionality test laid out by the Federal Circuit's 2016...

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