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Monthly Minute | Design Patents
Patent Infringement: Successful Litigation Stays the "Course"
Concluding that the principles of prosecution history disclaimer apply to design patents, the US Court of Appeals for the Federal Circuit reversed a district court’s denial of judgment as a matter of law and entry of a jury...more
Federal Circuit Summary - Before Newman, Clevenger and Chen. Appeal from the United States District Court for the Central District of California. Summary: Prosecution history estoppel does not bar enforcement of a...more
Applicants should consider how including multiple embodiments in a design patent application may later impact the scope of protection....more
Patent practitioners are probably well familiar with circumstances in which prosecution history estoppel can limit the scope of a U.S. utility patent’s claims. Examples include claim amendments and statements made by the...more