Intellectual Property
Sep. 19, 2019
Federal Circuit decides question of first impression on design patents
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that the figures contained in a design patent are not necessarily the only source of claim limitations.
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that the figures contained in a design patent are not necessarily the only source of claim limitations. This headline likely comes as a surprise to practitioners familiar with a long line of cases holding that the scope of design patents is defined by drawings, not language. But the design patent at issue in Curver Luxemborg, Sarl v. Home Expressions, ...
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