Federal Circuit Urged to Reevaluate Patent Test in Pool Design Infringement Case

A swimming pool design patent owner has petitioned the full Federal Circuit to reconsider a decision by a panel that declined to resurrect claims that Latham Pool Products infringed on its patent. The patent holder is disputing the “problematic” test that was applied in evaluating the case. This call for reconsideration highlights ongoing concerns regarding the methodologies used by courts when assessing patent infringement, particularly in design-related cases. For further details on the case and the underlying allegations, you can refer to the original article published by Law360.