Chris Carani and Phil Ruben Author AIPLA Amicus Brief on Critical Case Impacting Design Patent Law
05.04.26
Chris and Phil authored an amicus brief on behalf of the American Intellectual Property Law Association in Range of Motion v. Armaid, urging the Federal Circuit to grant en banc rehearing to restore clarity in design patent law, particularly on issues of infringement and claim construction. The brief focuses on two core points: (1) foreclosing any separate “plainly dissimilar” or “sufficiently distinct” pre-test, and reaffirming Gorham v. White as the sole test for design patent infringement, and (2) confirming that claim construction cannot be used to exclude any visual portions of the claimed design, whether alleged to be functional or non-novel. Four additional amicus briefs were also filed in support of en banc review.
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