Court Uses Utility Patent Doctrine to Ax Design Patent Verdict

The Federal Circuit reversed a $15.4 million design patent verdict based on sales of over-sized wearable blankets with pouches that a jury found to be infringing.

The appeals court also wiped out a $3 million trademark infringement award after it emphasized that Cozy Comfort Co.'s US Patent No. D859,788 was granted only after the company agreed not to seek monopoly protection for wearable blankets with an ultra-wide pouch—to avoid rejection based on a similar previously issued design patent.

Top Brand LLC’s hooded blankets, which feature wide pouches, are “within the scope of the subject matter surrendered during prosecution,” wrote Judge ...