Prosecution History Estoppel Applies to Design Patents


The concept of prosecution history estoppel prevents a patent owner from later claiming infringement of subject matter that was surrendered to obtain the patent. In a case of first impression, the U.S. Court of Appeals for the Federal Circuit determined that the concept of prosecution history estoppel applies to design patents. Pacific Coast Marine Windshields Ltd. v. Malibu Boats, LLC, 739 F.3d 694 (Fed. Cir. 2014).

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