An Evo Lifestyle Products Ltd. design patent covering a reusable shopping bag is invalid because the design is dictated by function, the Federal Circuit affirmed Wednesday, upholding a win for Golden Eye Media USA Inc.
The US Court of Appeals for the Federal Circuit also affirmed a lower court’s decision that Evo’s U.S. Patent D779,828 covers an obvious design. Golden Eye Media owns Lotus Sustainables, a California company that aims to eliminate plastic bags.
“We agree with GEM that the design of the ’828 patent was properly determined to have been obvious at the time it was created,” the Federal ...
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