#egyptiangoddess — Public Fediverse posts

One thing I like about the decision in #LKQvGM is that it provides a good example of "how close is too close" in design patent law.

The court says these products are not close enough to anticipate. That means they would not, if later, be close enough to infringe.

http://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

#DesignPatents #EgyptianGoddess

Just out of curiosity, I looked up when the last Federal Circuit en banc design patent case, #EgyptianGoddess, was argued (6/2/08) and decided (9/22/08).

If #LKQvGM were to follow the same timeline, we could expect a decision around late May.

#DesignPatentsEnBanc #PatentFedi

To paraphrase an excellent question I got this semester: "Why are so many design patent infringement claims filed in court so....bad?"

I don't know for sure. But I suspect it's mostly a combination of not understanding the #EgyptianGoddess test (see, e.g., the #ConceptFallacy) and/or trying to push its boundaries.

I don't like to assume my fellow attorneys are knowingly filing nonmeritorious claims but, of course, that may sometimes be happening, too.