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Patent Infringement › Judgment As A Matter Of Law › Design Patent

McDermott Will & Schulte

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

McDermott Will & Schulte 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

Time Is of the Essence: Preserve Objections to the Jury Instructions

Knobbe Martens on

HAFCO FOUNDRY AND MACHINE CO. v. GMS MINE REPAIR - Before Newman, Chen, and Stoll. Opinion filed per curiam. Appeal from the Southern District of West Virginia. Summary: Objections to jury instructions should be timely...more

White & Case LLP

Federal Circuit Alters Landscape for Design Patent Litigation

White & Case LLP on

White & Case Technology Newsflash - Intellectual property litigants may be increasingly addressing design patents. Design patent litigation may be getting lengthier, and this may result in the filing of more design patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Comparison of Design Patent and Trade Dress Protection in Light of the Federal Circuit’s Decision in Apple v. Samsung

McDonnell Boehnen Hulbert & Berghoff LLP on

In a decision authored by Chief Judge Sharon Prost, the Federal Circuit held that while design patents covering product configurations – that is, “a product feature or a combination or arrangement of features” – can protect...more

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