Tracy Durkin & Jeffery Fougere

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E.D. of TX Rejects Design Patent Point of Ornamentality Test

In a recent decision, the Eastern District of Texas has clarified the proper role of functionality in claim construction for design patents. By statute, design patents must be directed to “ornamental designs for an article of manufacture.” As a result, courts have struggled with how and when functional aspects of a design should be considered when construing a patent claim.…