Design Patent

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Deckers v. Last Brand (Quince) — Court Bars Reasonable Royalty Damages Theory and Willful Infringement Evidence in UGG Design Patent Trial

A Northern District of California judge barred both parties from presenting reasonable royalty damages or willful infringement evidence at an upcoming UGG design patent trial, applying judicial estoppel to prevent Quince from advancing a damages theory it had previously blocked Deckers from pursuing

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Columbia Sportswear v. Seirus — Federal Circuit Rules Design Patent Comparison Prior Art Must Match the Same Article of Manufacture

In a precedent-setting design patent case, the Federal Circuit held that comparison prior art used to defend against infringement must be drawn from the same article of manufacture claimed in the design patent — prior art from a different type of product cannot be used to confuse the ordinary observ

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ABC Corp. I v. Partnership & Unincorporated Associations — Federal Circuit Vacates Hoverboard Design Patent Injunctions for Inadequate Infringement Analysis

The Federal Circuit issued two precedential opinions vacating preliminary injunctions in hoverboard design patent cases, holding that courts must conduct product-by-product infringement analysis under the ordinary observer test and properly account for prior art when evaluating likelihood of success

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