Counsel: Fed Circuit Design Patent Case Decreases Prior Art Burden

Director Tracy-Gene G. Durkin was quoted in the Managing IP article “Counsel: Fed Circuit Design Patent Case Decreases Prior Art Burden” about the Federal Circuit’s latest ruling in Columbia Sportswear v Seirus Innovative Accessories, which vacated a finding that Seirus did not infringe Columbia’s design patent. Following is an excerpt from the article:

“As part of the ruling, the Federal Circuit clarified what courts should consider when evaluating comparison prior art, which is used to provide context when comparing a claimed design with an accused infringer’s design…

Tracy-Gene Durkin, practice leader of Sterne Kessler’s mechanical and design group in Washington DC, says people will really have to focus on the right prior art.

‘They can’t just cast a wide net and look for anything that looks like the design,’ she says.”