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Patent Applications Design Patent Prosecution History Estoppel

McDermott Will & Emery

Don’t get too comfy: Prosecution disclaimer also applies to design patents

McDermott Will & Emery on

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

Knobbe Martens

Advantek Marketing, Inc., v. Shanghai Walk-Long Tools Co.

Knobbe Martens on

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

Morgan Lewis

Federal Circuit Weighs in on Prosecution History Estoppel Applied to Design Patents

Morgan Lewis on

Applicants should consider how including multiple embodiments in a design patent application may later impact the scope of protection....more

Mintz - Intellectual Property Viewpoints

Lessons about Prosecution History Estoppel and Design Patents from Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co.

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

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