TOP BRAND LLC v. COZY COMFORT CO. LLC

Before Dyk , Reyna, and Stark. Appeal from the United States District Court for the District of Arizona.

Summary : Arguments presented during prosecution of a design-patent application can limit the scope of the resulting design patent.

Top Brand sought declaratory relief of noninfringement of a design patent owned by Cozy and directed to an oversized hooded garment with a front pocket. Cozy counterclaimed for infringement. The jury found that Top Brand infringed and the district court denied judgment as a matter of law (JMOL) to Top Brand. Top Brand appealed.

On appeal, Top Brand argued that Cozy disclaimed the claim scope during prosecution of the design patent and that Top Brand’s designs fell outside the narrowed claim. The Federal Circuit a

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