Is Design Patent Functionality a Proper Jury Question?

Last week, Judge Sheri Polster Chappell of the Middle District of Florida entered an interesting order regarding design patent functionality in Chico's FAS, Inc. v. Wink Intimates et al., No. 2-13-cv-00792  (M.D. Fla.).  In this case, Chico’s sued Wink for declaratory judgment of design patent invalidity and Wink counter-sued Chico’s, claiming infringement of U.S. Patent No. 622,478 which relates to a design for a camisole.  Chico's argument for functionalty (and Judge Chappell's decision) demonstrate some common misconceptions about design patent functionality.  Continue reading after the jump to see what Judge Chappell got right and also what she got wrong...

Design Patent Roundup - Nov. 15, 2013

This weeks new U.S. District Court filings come to us from a variety of industries: from heavy metal product manufacturers, to other, softer areas of the design patent world. Several of these cases present interesting facts and questions of law that we will be eager to see develop in greater detail as the cases progress. Follow us past the jump to learn more.