Design Patent Intel

Our practice is experience and information driven. Through our Design Patent Intelligence approach, we research, monitor and communicate about design patent proceedings and developments of all types to inform our practice and network.

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February 11, 2026

Indeterminate Designs – district court order on design patent claim construction and validity finds claim drafting for indeterminate dimensions is not indefinite.

Key Takeaways: On December 22, 2025, the U.S. District Court for the Southern District of New York

February 3, 2026

Judging Designs – CAFC Chief Judge Moore dissent identifies troubling trend of district court judges finding design patent non-infringement on summary judgement

Key dissent quotes: “Our errant language in Egyptian Goddess has and will result in the near-complete removal

January 7, 2026

Construing Designs — district court order on design patent claim construction refuses to factor out elements as dictated by function and resolves disputed terms on contrast, broken lines, and surface shading.

On October 20, 2025, the U.S. District Court for the Eastern District of New York (EDNY) issued

November 13, 2025

Elucidating Designs — CAFC sheds light on (1) design patent expert qualification and perspective on ordinary observer and (2) transparency in design patent claim construction.

Court of Appeals concludes defendant forfeited its objection to plaintiff's expert testimony on infringement, but that the district court erred in construing the term “transparency” and that a new infringement trial is necessary.