In an anticipated legal opinion, the US Court of Appeals for the Federal Circuit has significantly narrowed the scope of “comparison prior art” in design patent infringements, as announced at this publication. This impacts prior art that is considered by the fact finder during an infringement analysis and brings a new alignment within the article of manufacture claimed by the patented design.
The Federal Circuit court’s legal ruling sets a precedent and marks a distinct shift in the landscape of design patent law. This revision of the scope of comparison prior art, brings it to harmony with that of invalidating prior art. For concerned legal professionals and companies, this means revisiting enforcement and procurement strategies pertaining to design patents.
This change could potentially influence the process for proving design patent infringement in certain situations, making it more streamlined. For companies with design patents portfolio, the adjusted legal viewpoint would necessitate strategic reevaluation.
For those in law firms, this indicates an opportunity to carefully reassess the implications of this decision on existing cases and future patent filings.