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Design Patent Infringement Ruling Upheld by Federal Circuit

March 16, 2020, 6:15 PM

GMS Mine Repair and Maintenance Inc. failed to convince the Federal Circuit to overturn a design patent infringement judgment against the mining equipment maker.

The U.S. Court of Appeals for the Federal Circuit, in an unsigned opinion, rejected GMS’s arguments that the jury instructions were erroneous and warrant a new trial. The jury was properly instructed that the question for design patent infringement is whether an ordinary observer would find the designs substantially the same, the appeals court said.

Hafco Foundry and Machine Co. sued GMS for infringing its U.S. Design Patent No. D681,684 for a rock dust blower used ...

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