Chief Judge’s Dissent Questions Federal Circuit’s ‘Plainly Dissimilar’ Test for Design Patent Infringement
March 25, 2026 Patent Litigation, Patent Infringement
A recent dissent by Chief Judge Moore of the Federal Circuit in Range of Motion Prods., LLC v. Armaid Co., Inc. takes aim at the Federal Circuit’s “plainly dissimilar” approach to analyzing design patent infringement, contending that the test incorrectly shifts the focus away from the overall similarity between the claimed and accused designs.
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